JOGDA BHEEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the judgment dated 23.5.2002 passed by the Addl. Sessions Judge, No. 5, Kota passed in Cr. Appeal No. 24/2001 affirming the judgment dated 20.3.2001 passed by Addl. Chief Judicial Magistrate No. 2, Kota, whereby the petitioner has been convicted for the offences under Sections 279 and 304-A, Indian Penal Code and the petitioner has been sentenced for the offence under Sec. 279 Indian Penal Code for six months S.I. for the offence under Sec. 279 Indian Penal Code and for one year's S.I. for the offence under Sec. 304A Indian Penal Code with a fine of Rs.1,000.00 and in default of payment of fine to further undergo one month's S.I.

(2.) The learned counsel for the petitioner does not want to press conviction of the present petitioner, however, the learned counsel submits that looking to the nature of the offence, the accused-petitioner be extended the benefit of provisions of the Probation of Offenders Act. The petitioner has placed reliance on the judgment delivered in the case of Bishnu Deo Shaw Vs. State of West Bengal, AIR 1979 SC 964.

(3.) Looking to all the facts and circumstances of the case and taking note of the law, which has been time and again propounded by the Honourable Apex Court, the present petitioner deserves no sympathy.