SUJA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Suja against the judgment and order of the Additional Sessions Judge, Ajmer, dated the 22nd November, 1963 convicting him of an offence under sec. 304 Part II of the Indian Penal Code and sentencing him to rigorous imprisonment for 3-1/2 years.

(2.) THE only point which has been raised before me in this appeal by learned counsel for the appellant is that as the appellant was less than 21 years of age at the time of the date of the judgment of the trial court, that court should not have sentenced him to any term of imprisonment at all but should have given him the benefit of sec. 6 of the Probation of Offenders Act, 1958 (Act No. 20 of 1958, hereinafter called the Act ). In view of the narrow controversy that has been raised before me, I do not consider it necessary to deal with the merits of the case though if I were to express an opinion on that aspect thereof, I have no hesitation in saying that the conviction of the accused under sec. 304, Part II IPC is perfectly correct on the material which was before the trial court.