GOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The only question which has to be decided in this revision is that the trial Court after convicting the applicant-accused under section 326 I.P.C. and sentencing him at once to R.I. for six months and fine of Rs. 500/- in default of payment of fine R.I. for two months, did not record special reasons under section 361 Cr.P.C. for not granting the benefit of probation to the applicant/accused. In appeal also against judgment and conviction, the appellate Court though partly allowed the appeal and ordered that instead of imprisonment the petitioner-accused shall suffer imprisonment till rising of the Court and shall pay a fine of Rs. 1,500/- in default simple imprisonment for two months; but, did not consider whether the applicant-accused is entitled for benefit of section 360 Cr.P.C. or not.

(2.) After hearing counsel on both sides, I am of the opinion that as the petitioner is an old man of 60 years of age; there is no previous conviction on his head; and his antecedents are not such which may disentitle him for the benefit of the probation under section 4 of the Probation of Offenders Act, according to the provisions of section 360 Cr.P.C., considering the nature and circumstances in which the occurrence took place, which was all of a sudden, that the applicant/accused is entitled to the grant of benefit of section 360 of the Cr.P.C.

(3.) However, as the appellate Court has awarded compensation of Rs. 500/- and has directed that out of the amount of fine of Rs. 1,500/-, if recovered, Rs. 500/- be paid to the complainant Rarnswaroop (PW 1); I direct that the order so far as it relates to compensation shall stand and that shall be paid to the complainant, though, the applicant-accused deserves the benefit of section 360 Cr.P.C. Hence, it is directed that the applicant-accused shall execute a bond in the sum of Rs.2,000/- (Two Thousand with one surety in the like amount before the Additional Chief Judicial Magistrate, Sheopurkalan, District Morena, within a period of 30 days, to maintain peace and good behavior for a period of one year and to receive sentence when called upon during such period, if the applicant fail to maintain peace and good behavior. After execution of the bond, the amount of Rs. 1,000/- deposited by the applicant -accused shall be returned.