SUJA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Suja against the judgement and order of the Additional Sessions Judge, Ajmer, dated the 22nd November, 1963, convicting him of an offence under Section 304, PV II of the Indian Penal Code and sentencing him to rigorous imprisonment for 3 years.

(2.) THE only point which has been raised before me in this appeal by learned counsel for the appellant is that as the appellant was less than 21 years of age at the time of the date of the judgement of the trial Court, that Court should not have sentenced him to any term of imprisonment at all but should have given him the benefit of Section 6 of the Probation of Offenders Act, 1958 (Act No. 20 of 1958, herein -after called the Act). In view of the narrow controversy that has been raised before me, I do not consider it necessary to deal with the merits of the case though if I were to express an opinion on that aspect thereof, I have no hesitation in saying that the conviction of the accused under Section 304, Part II, Penal Code is perfectly correct on the material which was before the trial Court.

(3.) NOW , Section 6 of the Act reads as follows :