PAPPARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was convicted for the offences under Ss. 341, 323 and 325 IPC by the learned Metropolitan Magistrate No.9, Jodhpur Metro in Criminal Case No.54/2019 and sentenced as under. Sec. 341 One month's simple imprisonment Sec. 323 IPC Six month's simple imprisonment Sec. 325 IPC One year's simple imprisonment along with a fine of Rs.2000.00 and in default of payment of fine furt undergo simple imprisonment of seven days.

(2.) Being aggrieved of his conviction and sentence awarded, the petitioner preferred Criminal Appeal No.169/2022 before the learned Additional Sessions Judge, No.3, which was decided vide judgement dtd. 28/3/2023, whereby the learned appellate court while affirming the judgement of conviction, took a lenient view and instead of sending the petitioner to jail, granted him benefit of probation under Sec. 4(1) of the Probation of Offenders Act. He was also directed to pay a sum of Rs.8,000.00 as cost of proceedings.

(3.) Being aggrieved of the aforesaid two judgements, the petitioner has preferred the instant revision petition under Sec. 397/401 IPC.