HAZARI LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Admit. Issue notice. Since this appeal is to be decided only on the question of sentence with the common consent of the parties, it is hereby decided accordingly.

(2.) This appeal has been filed against the judgment dated June 7, 1985 and consequential orders of the same day as well as dated June 21, 1985, passed by Sessions Judge, Bharatpur in a case under section 324 IPC.

(3.) The accused-appellant was committed to his court for standing trial for an offence under section 307 Penal Code for having committed the crime of causing knife injuries to one Rajendra on Aug. 1, 1983 The accused was read over charge for aforesaid offence to which he denied. Thereafter the prosecution in support of its case examined 8 witnesses. The accused ultimately, after trial, was found guilty for offence under section 324 Penal Code and instead of passing sentence against him the learned Judge had extended to the accused-appellant the benefit of section 4 of the Probation of Offenders Act as the age of the accused was 18 years and subsequently the accused-appellant was released on the same day as he had executed a bond in the sum of Rs. 4,000.00. He was also directed to pay a compensation of Rs. 400.00 which he did deposit within time granted to him. i. e., on June 13, 1985. When the accused was within the period of servileance his surety took him to the court on June 21, 1985 and expressed before the learned Sessions Judge that he wants to withdraw the surety. The learned Sessions Judge discharged the surety and directed the arrest of the accused and instead of continuing him on probation he passed a sentence of imprisonment for a period of six months on June 21, 1985, itself. It is thereafter that the accused after feeling aggrieved has come to this court in this appeal