KESRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed with the prayer that as the petitioner Kesari Lal has been released under the Probation of Offenders Act, 1985 (hereinafter referred to as 'the Act') therefore, it be declared that his conviction shall not effect his service career and to modify the judgment dated 05.06.2008 passed by Additional Sessions Judge No. 1, Deeg (Bharatpur) in criminal appeal No. 5/2003 accordingly.

(2.) Briefly stated the facts are that by judgment dated 01.04.2003 passed by Additional Chief Judicial Magistrate, Deeg (Bharatpur) in criminal case No. 247/1998 the petitioner Kesari Lal and another were convicted under Sections 498A, 406 IPC whereas three other accused persons were convicted under Sections 498A, 406 read with Section 120B IPC and all of them were sentenced to various terms of imprisonment and fine. The petitioner and the four other co-accused filed an appeal. Learned appellate court by the impugned judgment dated 05.06.2008 upheld the conviction but set aside the sentence imposed against them and released thern on probation. The petitioner has now filed this misc. petition for a declaration that since he has been released on probation, therefore, his service career shall not be affected by his conviction.

(3.) Heard learned counsel for the petitioner and learned P.P.