DEVA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN Criminal Case No. 292/84 of Judicial Magistrate, Abu Road District Sirohi titled as State vs. Deva & Ors. that court by its judgment dated 24.01.1995 had convicted all the six accused persons under Sections 148, 323 and 325/149 IPC. Appeal of all the accused persons was decided on 03.01.1997 by Additional Sessions Judge, Abu Road District Sirohi and in that Criminal Appeal No. 19/96, accused Veerma was acquitted and remaining five accused persons who are revision petitioners before us, were convicted and sentenced as follows; (1) - Under 25 -26, May, 2015 Section 148 IPC: One month's simple imprisonment, (2) - Under Section 323 IPC: One month's simple imprisonment & (3) - Under Section 325/149 IPC: Four months' simple imprisonment with a fine of Rs. 800/ - on each accused and in default of payment of fine, one months' simple imprisonment to each accused. It was further ordered by the trial court that out of the fine amount Rs. 3,000 should be paid as compensation to the injured Sardara s/o. Deva Garasia resident of Uplakhera. In this criminal revision petition, only prayer of the accused petitioners is that being first offenders, they were entitled to get the benefit of probation but the courts below have declined to give them the benefit of probation and hence they pray for benefit of probation only and they don't want to challenge their conviction on different counts.

(2.) LOOKING to the facts and circumstances of the case and looking to the fact that the incident is about thirty years old and the accused petitioners are not previous convicts, benefit of probation may be given to them as allegedly they have remained in jail also for about 2 or 3 weeks.