MAGH RAJ Vs. LADU RAM

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 Cr.P.C. has been preferred claiming the following reliefs:

(2.) Learned counsel for the petitioner submits that the accused-respondent No. 1-Ladu Ram i.e. private respondent was convicted under Ss. 498-A, 323 and 324 I.P.C. vide the judgment dtd. 18/9/1996 passed by the learned Additional Chief Judicial Magistrate No. 3, Jodhpur, in Cr. Case No. 9/92; for the offence under Sec. 498A IPC, the petitioner was ordered to undergo one year's rigorous imprisonment and a fine of Rs.100.00, in default of payment of which, he was to undergo further three months rigorous imprisonment; for the offence under Sec. 324 IPC, the petitioner was ordered to undergo one year's rigorous imprisonment and a fine of Rs.100.00, in default of payment of which, he was to undergo further three months rigorous imprisonment and; for the offence under Sec. 323 IPC, he was ordered to undergo six months rigorous imprisonment and a fine of Rs.50.00, in default of payment of which he was to undergo further one month's rigorous imprisonment; all the sentences were ordered to run concurrently.

(3.) On the other hand, learned Public Prosecutor opposes and submits that the learned appellate court has rightly passed the impugned judgment, after looking into the overall facts and circumstances of the case, before extending to the private respondent the benefit under Sec. 4 of the Probation of Offenders Act, 1958.