MAJID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dated 23.3.2001 passed by the learned Additional Sessions Judge, Jhalawar, whereby the appeal preferred against the order dated 24.9.1996 passed by the learned Civil Judge (JD) and Judicial Magistrate, Bhawani Mandi Sawai Madhopur convicting and sentencing the petitioner has been dismissed and the petitioner has been sentenced as under:-

(2.) The contention of the present petitioner is that he has already undergone 11 days sentence. The matter pertains to the year 1984 and no fruitful purpose will be served to against commit the petitioner to jail. He has also submitted that looking to the nature of offence that it is punishable with the sentence which may be extended up to two years, benefit of probation should also be extended to the present petitioner and he has relied upon the judgment delivered in the case of Kanwara vs. State of Rajasthan,2011 1 RCC 167, wherein the incident was 29 years old and the appellant was of more than 88 years of age but in the present case, looking at the statement of the present petitioner under Section 313 Cr.P.C., it is revealed that at present he is of 55 years of age.

(3.) The learned counsel for the petitioner has also relied upon the judgment delivered in the case of Rameshwar Lal vs. State of Rajasthan,2011 2 CrLR 5118, wherein benefit of Section 4 of the Probation of Offenders Act was extended for the offence under Section 304A IPC and it has been stated that the court cannot be influenced by the fact that large number of deaths are being caused by the accidents.