PITAMBAR BISWAL AND ORS. Vs. BIPRA CHANDRA ROUT

JUDGEMENT

(1.) THIS revision has been admitted only on the question whether it was fit case for the trial to have applied the provisions of Section 360(1) Code of Criminal Procedure to the case of the Petitioners. All the four Petitioners stood convicted under Section 426 IPC and were sentenced to fine of Rs. 20/ - each, in default to undergo R.I. for fifteen days each on the charge of having uprooted some green fence belonging to the opposite party. There is nothing on record to show that the Petitioners had any previous conviction to their credit. Section 369(1), Code of Criminal Procedure casts a duty upon the court where a person is convicted of an offence either punishable with fine only or with imprisonment for a term of seven years or less, to consider, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, whether it is expedient that he should be released on probation of good conduct instead of sentencing him at once, to any punishment. Section 361 Code of Criminal Procedure directs that whenever a case could not dealt with under Section 360(1), but no so dealt with, the Magistrate has to record in his judgment the special reason for not having done so.

(2.) READING the judgment, it does not appear that the learned Magistrate kept the provisions of law as aforesaid in view. There is no discussion as to why the provisions of Section 360(1) were not applied to the present case even though the requirements were satisfied. The offence appears to be not a serious one. The parties are labourers. They also have no previous conviction proved against them. Considering the facts and circumstances of the case, it appears to be a fit case where they should have got the benefit of Section 360(1) Code of Criminal Procedure and hence I direct that the Petitioners be released on probation of good conduct on their entering into a bond with two sureties for Rs. 1000/ - to appear and receive the sentence when called upon within a period of one year and in the meantime to keep pence and be of good behaviour.