SUKH RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Sukhram was convicted under section 332, Penal Code and sentenced to three months simple imprisonment with a fine of Rs. 100.00, in default of payment of fine to further undergo one months like imprisonment by the learned Judicial Magistrate (1) Bikaner vide his judgment dated June 27, 1979. He went in appeal. But his appeal was dismissed and his conviction and sentence were maintained by the learned Sessions Judge, Bikaner vide his judgment dated Aug. 11, 1983. He has now come in revision.

(2.) Briefly stated, the prosecution case is that the accused made an assault on police constable Premsingh at about 6 p. m. on 19.9.74. He dragged him and struck a blow on his back with a shoe. A report was made to the police. The police after usual investigation, submitted a challan against the accused. The accused pleaded not guilty and faced the trial. On the conclusion of trial, the accused was convicted and sentenced as mentioned above.

(3.) In view of the overwhelming evidence and concurrent findings of the two courts-below, the learned counsel for the accessed did not challenge his conviction. His contention before me is that the trial court failed to make a compliance of the provisions of Sec. 361 of the Code of Criminal Procedure, inasmuch as it did not record in its judgment the special reasons for not extending the benefit of Probation to the accused. It was argued that the provisions of Sections 360 and 361, Cr. P.C. are mandatory. It was further aroused that there was no previous conviction at the discredit of the accused. There were no good reasons as to why the benefit of probation should not be extended to him. As such, the benefit of probation be given to the accused. In reply, the learned Public Prosecutor submitted that the offence was of serious nature. A public servant was assaulted and hurt was caused to him while he was discharging his duties as such. In these circumstances, the benefit of probation of good conduct should not be extended to the accused. I have taken the respective submissions into consideration.