RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the present revision petition challenge has been made to the order passed by learned Additional Sessions Judge, Sojat in Criminal Appeal No.34/2002, whereby the appellate court confirmed the order dated 07.11.2000 passed by learned Judicial Magistrate, Sojat in Criminal Case No.188/1992 by which the learned trial court has convicted the accused petitioners for the offence under Sections 323/149 and 147 Penal Code and gave probation under Sec. 4(1) of the Probation of the Offenders Act and also imposed a fine of Rs.300.00 on each one of them.

(2.) The contention of learned counsel for the petitioners is that accused petitioners, who are Government servants, were convicted by the learned Judicial Magistrate vide judgment of conviction and order of sentence dated 07.11.2000 under Sections 323/149 and 147 Penal Code but instead of sentencing the accused petitioners benefit of Sec. 4(1) of the Probation of Offenders Act was allowed laying certain conditions. The above judgment and order of sentence passed by the learned trial court was challenged before the learned Additional Sessions Judge, Sojat who confirmed the judgment of conviction and order of sentence passed by learned trial court vide its order dated 20.12.2005.

(3.) The submission of learned counsel is that the petitioners are Government servants and they are not challenging the order of conviction recorded by two courts below but at the same time it is quite possible that they may lose their job even after the probation granted by the Courts below, therefore, proper order may be passed so that conviction and sentence recorded by the learned trial court and subsequently confirmed by the learned appellate court may not affect their service career. Learned counsel has placed reliance on decisions given in Rajbir Vs. State of Haryana, Cr.L.R. (S.C) 1985 Page 285 and Bhagirath Ram Vs. State of Rajasthan, 2002 (3) R.Cr.D. 560 (Raj.).