VIJAY SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 16.11.2006 passed by learned special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar in sessions case No. 54/2004 whereby he has convicted and sentenced the appellants as under: -

(2.) LEARNED counsel for the appellants has contended that without going into the merits of the case, he is not challenging the conviction & sentence part of the judgment of the court below, but he is only requesting to this court that since accused appellant Vijay Singh is Government servant, working in Electricity Board, and both the appellants belong to the respectable family, it is their first offence of their life and they are not the habitual offenders, therefore, if benefit of probation under Sec. 4 and 12 of the Probation of Offenders Act is not given to the appellants, their entire career will be spoiled. Hence, benefit of probation under Sec. 4 & 12of the Probation of Offenders Act may be given to the appellants.

(3.) I have heard learned counsel for the parties and carefully perused the relevant material on record.