SUNDER DASS AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 on behalf of Sunder Dass and Naraindass, the appellant in S. B. Criminal Appeal No. 294 of 1973, for being given the benefit of the Probation of Offenders Act, 1958.

(2.) Sundcrdass was convicted of the offence under Sec. 148 and 324 I. P. C. and Naraindass was convicted under Sec. 147 and 323 I. P. C. Sunderdass was sentenced to rigorous imprisonment for a period of one year whereas Naraindass was sentenced to rigorous imprisonment for a period of nine months. This court by its order dated 28th July, 1978, taking into consideration the fact that the incident happened in May, 1972 and the accused had undergone imprisonment for 47 days, reduced the sentence to the period already undergone and also set aside the sentence of fine imposed on the accused.

(3.) In this petition it has been submitted that petitioner Sunderdass is in the employment of Indian Railways and is posted as a peon in the telegraphic section at Jodhpur whereas Narain is employed with the University of Jodhpur as a clerk at Jodhpur. It is submitted that if the sentence of imprisonment is maintained against the petitioners they would lose there jobs and that this fact could not be brought to the notice of this Court at the time of hearing of the appeal on 28th July, 1978. It is submitted by the counsel for the petitioner that ends of justice would be served if the sentence of imprisonment passed against the petitioners is set aside and they are given the benefit of the Probation of Offenders Act.