JAGDISH SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Petitioner on having been tried for the offences under Sections 279, 337, 338 and 304 -A, Indian Penal Code, by the learned Sub -Divisional Judicial Magistrate, Rampur, was convicted for the said offences Upon conviction the learned Magistrate vide his judgment dated 22 -12 -1988/27 -2 -1989 instead of imposing any sentence on the Petitioner, gave him the benefit of Section 4 of the Probation of Offenders Act, 1958 and ordered his release on his furnishing personal bond with one surety to appear and receive the sentence as and when called upon to do so during a period of two years and in the mean -time to keep peace and be of good behaviour.

(2.) THE State felt aggrieved by the order of the learned Magistrate directing the release of the Petitioner under Section 4 of the Probation of Offenders Act. 1958. It accordingly went up in appeal under Section 11(2) and (4) of the Probation of Offenders Act, 1958 before the learned Additional Sessions Judge (1). Shimla The appeal filed by the State was allowed on 2 -3 -199(sic). The order of the learned Magistrate releasing the Petitioner under Section 4 of the Probation of Offenders Act, 1958, was set aside and instead the Petitioner was sentenced as under:

(3.) BE it stated that the conviction imposed on him by the learned Magistrate was not assailed by the Petitioner by way of an appeal or otherwise before the learned first appellate court.