DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Devilal petitioner was found guilty and was convicted for the offences under Sections 323 and 447 I.P.C. by the learned Munsiff Magistrate Bundi and instead of sentencing him to any punishment he was released after due admonition under Sec. 3 of the Probation of Offenders Act. The complainant preferred an appeal for awarding substantive sentence to the petitioner before the learned Additional Sessions Judge, Bundi, who vide her judgment dated 28-9-1972 accepted the appeal and the order as to the benefit of the provisions of Probation of Offenders Act was set aside and the petitioner was sentenced to undergo simple imprisonment for 15 days for offences under Sections 323 and 447 I.P.C. and a fine of Rs. 50.00 and in default of payment of fine to further undergo simple imprisonment for five days.

(2.) It is against the order of the learned Additional Sessions Judge sentencing the petitioner as mentioned above that he has preferred this revision.

(3.) I have heard learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the complainant and have gone through the record of the case.