AJEET SINGH Vs. CHHINDRA SINGH & OTHERS

JUDGEMENT

(1.) By this criminal revision petition filed under Sec. 11(4) of the Probation of Offenders Act, 1958 the petitioner has challenged the order of the learned Addl. Sessions Judge, Srikaranpur dated 21.08.2002 passed in Criminal Appeal No. 11/2001 whereby the appeal filed by the State against the judgment and order of the trial Court dated 04.06.2001 was dismissed.

(2.) By order dated 04.06.2001, the Judl. Magistrate, Padampur held the accused - respondents guilty for offences punishable under Sections 323, 324 and 148, I.PC. and, instead of sentencing them to suffer imprisonment, extended the benefit under Sec. 4 of the Probation of Offenders Act. Impugning the order of the trial Court to the extent it granted the benefit of probation to the accused - respondents, the State went in appeal before the learned Addl. Sessions Judge, Srikaranpur who upheld the finding of guilt arrived at by the trial Magistrate, as noticed above. However, on the question of granting benefit under Sec. 4 of the Probation of Offenders Act, the learned lower appellate Court did not find it a fit case for interference and affirmed the order. Aggrieved by that, the complainant has filed the instant revision petition.

(3.) I have heard learned counsel for the parties and carefully gone through the judgments impugned.