KAJOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the judgment dated 9.12.92, whereby the learned Addl. Sessions Judge No. 2, Alwar has upheld the conviction and sentence of the accused-petitioner.

(2.) The facts of the ease are that on 16.6.83, one Shri Ram lodged a report against the petitioner and others regarding incident. During investigation, the police recorded the statements of witnesses and finally filed the challan for the offences U/s. 323, 325 and 326 Indian Penal Code. After trial, the trial Court came to the conclusion that the petitioner has committed offence under Sec. 323, 325 and 326 Indian Penal Code and convicted him. The sentences awarded to him are referred in first para of the order dated 9.12.92 of the appellate court.

(3.) As the learned counsel for the petitioner is not disputing the conviction, therefore, it is not necessary to narrate the entire facts. Learned counsel for the petitioner only prays that either the benefit of probation be allowed or the sentence be reduced to the period already undergone. The sentence awarded to the petitioner under Sec. 326 Indian Penal Code is one year, and for the other offences, lesser sentences have been awarded which shall run concurrently. The petitioner has already remained in custody for more than 15 days. It is also submitted that this is the only offence, which has been committed so far.