GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the judgment dated 30.6.2001 passed by Addl. Sessions Judge No.3, Kota in Cr. Appeal No. 2/2000, whereby the appeal filed by the petitioners has been dismissed and the judgment dated 24.11.1998 passed by Chief Judicial Magistrate, Kota in Cr. Case No. 320/1989, whereby the petitioner Ghanshyam has been convicted for the offence under Section 326, 148, 452 IPC and other petitioners have been convicted for the offence under Section 326/149 and 148, 452 IPC and sentenced to undergo 2 years' RI with fine of Rs. 500/-; in default of payment of fine, to further undergo 1 year's RI, has been affirmed.

(2.) Learned counsel for the petitioners has contended that he is not challenging the conviction part of the judgments of the courts below, but he is only requesting to this Court that looking to the fact that occurrence took place in the year 1989 i.e. about 25 years' ago from today; the petitioners are not the habitual offender; they belong to a respectable family; they are poor persons; it is the first offence of their life and accused petitioners have remained in confinement for about 20 days, hence either they should be given the benefit of probation and if not, then they should be released for the period already undergone by them in confinement, as indicated here-in-above.

(3.) In support of his contentions, he has placed reliance on the judgment of Hon'ble Apex court rendered in the case of Naib Singh v. State of Punjab, reported in 1986 Cr.L.J. 2061, wherein their Lordships observed as under: