CHITTARANJAN KHATUA Vs. THE STATE

JUDGEMENT

(1.) This revisional application is directed against the order passed by the learned Additional Sessions Judge, 1st. Court, Midnapore, under Sec. 9(3) of the Probation of Offenders Act, 1958, on 8th June, 1988, forfeiting the Bond executed by the petitioner under Sec. 4(3) of the said Act and further sentencing him to rigorous imprisonment for five years. The facts leading to this revisional application are shortly stated hereinafter as under:

(2.) On 10th January, 1987, the charge was framed against the petitioner under Sec. 304, Part -II of the Indian Penal Code. The petitioner, in his petition dated 10th January, 1987, pleaded guilty to the said charge. He had further stated that he was a Post Master posted at Kamalpur Branch Post Office. He had three sons and two daughters. One of the daughters was married. He was the only earning member of the family. His wife died in the year 1985. The incident took place on 17th and 18th February 1985 and he became "very much shocked and very much repentant for his act". In the circumstances it was stated that he may be released on "probation for good conduct".

(3.) The learned Additional Sessions Judge, however, suspended imposition of the sentence and dealt with the -petitioner under Sec. 4 of the Probation of Offenders Act, 1958.