HARI SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition the learned counsel for the petitioner has assailed the order of the learned Sessions Judge, Balotra dated April 16, 1985 on the ground that despite it being a fit case for extending the benefit under the probation of Offenders Act to the petitioner, the learned Judge declined to do so.

(2.) The case against the petitioner was that on June 25, 1979 when he was to be on duty as Conductor on Bus No. RRM 1962 he asked Dalpatsingh (another Conductor)-co-accused to perform the duty of Conductor The case against Dalpatsingh was under section 170 I.P.C. for wrong personification of the Conductor Hari singh whereas Hari singh was held guilty by the learned Additional Chief Judicial Magistrate, Balotra for abatement of the offence under section 170/109 I.P.C.

(3.) Notice at the admission stage was issued to the learned Public Prosecutor Mr. S.K. Mathur has put in appearance on behalf of the State. At the request of the learned counsel for the parties the revision petition was heard finally today.