SURESH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioner, herein was charge -sheeted for the offences punishable under Ss. 147, 148, 323, 325, 506 read with Sec. 149 of the Indian Penal Code along with his co -accused. Except the Petitioner, herein, others were acquitted and the Petitioner was convicted under Sec. 323 of the Indian Penal Code. Thus, sentenced to undergo imprisonment for a period of three months and pay a fine of Rs. 1000/ - with the default clause. The Appellate Court affirmed his conviction and sentence. As such, the instant revision petition has been filed.

(2.) The learned Counsel for the Petitioner has only confined his arguments to the sentence and not assailed conviction. He submitted that the Petitioner is a first offender having no criminal history to his credit. Therefore, he should have been released on Probation and to put him jail would be too harsh. The learned Additional Advocate General has no objection.

(3.) The offence under Sec. 323 of the Indian Penal is fairly and squarely covered under Sec. 3 of the Probation of Offenders Act. Admittedly the Petitioner is a first offender. When his statement was recorded under Sec. 313 Code of Criminal Procedure in the year 2003, his was aged about 27 years and by now he has settled in life. Thus, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it shall be in the interest of justice in case he is given the benefit of Sec. 3 of the Probation of Offenders Act. As such, while maintaining his conviction under Sec. 323 IPC, the Petitioner is exonerated from the substantive sentence and he is admonished. The fine amounts stands deposited by him. Let 50% thereof be released to him and the balance amount shall be retained as the cost of the proceedings. Ordered accordingly.