JAI KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-applicant has been convicted under Sec. 379, Penal Code to 11/2 years rigorous imprisonment by the learned Sessions Judge Alwar. The learned counsel for the accused-applicant states that he presses the revision petition only on the ground of quantum of sentence as the accused is more than 85 years of age and that he is mentally deranged. It was further contended that the accused-applicant is present in the court and his physical condition may be observed.

(2.) The allegation against the accused-applicant are that the complainant Meena, resident of village Chawaheda lodged a report that on the night of 30-11-75 the accused entered in his 'bara' in the night between mid-night and 2 a.m. As the dogs started barking Sultana and his two sons Kishanlal and Ladulal woke up, and saw the accused holding the rope of the bull. It was contended that the accused then again tied the rope. The bullock could not be taken by him. The learned trial court found the accused-applicant guilty for the offence and sentenced to 1# years rigorous imprisonment. On appeal, the learned Sessions Judge, Alwar dismissed the appeal on 9.5.1977. It was contended on behalf of the accused-applicant that looking to the facts and circumstances of the case mercy should be shown to the accused-applicant. The applicant is in custody since 30.3.1977.

(3.) The learned Public Prosecutor was heard. He has not opposed the grant of leniency to the accused-applicant so far as the quantum of sentence is concerned.