BHANWER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dtd. 1/2/1994 passed by the Court of learned Additional District and Sessions Judge, Kishangarh (for short 'the trial Court') in Sessions Case No.15/1992, whereby, he has been convicted for the offence under Sec. 306 of IPC and sentenced to undergo four years Rigorous Imprisonment and fine of Rs.500.00 and in default of payment of fine, to undergo further three months additional Simple Imprisonment.

(2.) On filing of appeal, the sentence awarded to the accused-appellant was suspended vide order dtd. 7/2/1994 and he was released on bail.

(3.) Learned counsel appearing for the appellant instead of arguing the appeal on its merits with regard to challenge to the conviction and sentence, confines his arguments for grant of benefit of probation to the appellant under the provisions of Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act of 1958'). Counsel further submits that except the present case, no case has been registered against the accused-appellant. Counsel further submits that the accused-appellant is living peacefully in the society without there being any criminal antecedents to his discredit.