SHRICHAND Vs. STATE

JUDGEMENT

(1.) The ground urged in assailing judgment of the learned Additional Sessions Judge, Kishangarhbas. is that the incident took place on 16.4.1973, almost 14 years ago and the offences for which the accused petitioners have been convicted and sentenced are such which could be dealt with either under section 360 Cr. P.C. or on the provisions of the Probation of (Menders Act, 1958 (for short the Act) There being no reasons for not extending the benefit, the lower courts erred in not dealing with the case of the accused persons under the aforesaid provisions.

(2.) Shri Lal lodged a report in the Police Station. Mundawar, on 17.4.1973 that on 16.4.1973, at about 5 pm. his daughter Sharda had gone to 'Guwara' to throw rubbish. She was caught hold by Shiv Chand, Data Ram and was beaten. She was also confirmed under lock. So when he came to know of this, he went to his elder-brother and narrated the incident to him. On this his brother Singharam, went to Shrichand etc. and told them not to do so but Shrichand and Bagranga gave lathi blows on his brother. The villagers were sent for the release of Miss Sharda from the custody of the accused persons but Shri Chand declined to release her. They set fire to the place she was confined and his daughter was taken out in an unconscious state. F.I.R. was lodged of the incident at 6.00 a.m. on 17th May, 1973. The police after investigation filed charge-sheet against the accused persons Shri Chand and Data Ram. The learned trial court under his Judgment dated 17th July, 1980, convicted accused Shrichand under Sections 342 and 323 Penal Code and sentenced him to six months rigorous imprisonment and a fine of Rs. 25. He further convicted Accused Data Ram under section 342, 325 and 323 Penal Code and for each of the offence he was sentenced to undergo six month rigorous imprisonment and a fine of Rs. 25 and in default to further undergo two months rigorous imprisonment. The sentences were ordered to run concurrently. The accused persons filed an appeal and the learned Sessions Judge, Kishangarhbas partly allowed the appeal of Shrichand and Data Ram while maintaining their conviction for the aforesaid offences each one of them were sentenced to three months simple imprisonment and to pay a fine of Rs. 25.00 under Sec. 342 and 323 IPC. The sentence (sic. appeal) of Data Ram accused under section 325 was also dismissed but the sentence was reduced as aforesaid.

(3.) As already stated earlier the occurrence took place on 16.4.1973, almost 14 years ago- The offences for which the accused persons were convicted are such which could be dealt with either under section 361 Cr. P.C. or under the provisions of the Probation of Offenders Act. The accused persons have also undergone some sentence as time was taken in their release under the orders of this Court after rejection of their appeal. There was no previous conviction on record against the petitioners and no useful purpose will be served by sending the accused persons to Jail to undergo the short sentence awarded to them.