AJAY MAHATMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is criminal revision petition under Sec. 397 /401 Cr.P.C. against the judgment dt. 02.07.2012 passed by Additional Sessions Judge No. 3, Udaipur in Criminal Appeal No. 2/2012, by which he dismissed the appeal of the petitioner and affirmed the order dt. 23.02.2012 passed by learned Additional Chief Judicial Magistrate No. 2, Udaipur convicting the petitioner for offence under Sec. 3 /25 of the Arms Act to undergo one year simple imprisonment and to pay a fine of Rs. 2000/ - in default to further undergo 15 days simple imprisonment. While praying for setting aside the impugned order and judgment passed by the Courts below, learned counsel for the petitioner at the outset did not argue the case on merits and submitted that the petitioner may be released on probation. He has placed reliance on the judgment rendered by this Court in Darshan Singh vs. State of Rajasthan, reported in : 1995 Cr.L.R. (Raj.) 208 Para 6 of the said judgment reads as under: -

(2.) LEARNED Public Prosecutor opposed the prayer so made.