HARVIR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Gangapur City, dated 29th Sept., 1976. by which he has convicted and sentenced the appellants as follows : <FRM>JUDGEMENT_41_LAWS(RAJ)3_19771.html</FRM> The prosecution case, in brief, is that on 1st January. 1976, at about 4 p. m. the accused having been annoyed, over their land having been allotted to Mangal complainant a Harijan by caste, He was called to the Panchayat and man-handled and the thatch of his brother Chiranji was set to fire by the accused. Since then, Chiranji has made an application in this court that the property that was burnt was just of the value of Rs. 25.00 and the matter has been compromised between him and the accused. The learned counsel for the appellants now submits that the case is based upon contradictory evidence and the case is not covered by section 436 IPC, but is covered only by section 435 Penal Code and further that the matter has been amicably settled between the parties. In view of these circumstances, Rati Ram should be granted benefit of probation and the sentence of Harvir be reduced to what he has already undergone. He has suffered imprisonment for about a week before the trial and for about six months after his conviction. I have perused the record and heard the learned Public Prosecutor as well. It appears to me that it is a fit case in which Ratiram should be granted the benefit of probation, having regard to the circumstances and nature of the case and character of the offender. Similarly, it further appears that ends of justice will be met fully if the sentence of Harvir appellant is also reduced. Consequently, I partly accept this appeal and direct as follows :