GOPAL Vs. STATE

JUDGEMENT

(1.) THE appellant Gopal was tried for the offence Under Sections 307, 328 and 392 I.P.C. by the learned Sessions Judge, Merta for having administered 'Dhatoora' in sweets to Poosa Ram P.W. 1, Nirobaram P.W. 2 and Kumbharam P.W. 3 on 30.5.1975 and having robbed the golden earstud (loong) from the person of PW 2 Nimbaram. The learned Sessions Judge, after trial, acquitted the appellant of the offence Under Section 392 I.P.C. but he convicted him for the offence Under Section 307 and 328 I.P.C. For the offence Under Section 307 I.P.C. the appellant was sentenced to undergo rigorous imprisonment for six years and a fine of Rs. 100/ - in default of the payment of fine to undergo further rigorous imprisonment for three months; for the offence Under Section 328 I.P.C. he was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 100, in default to pay the fine to undergo further rigorous imprisonment for one month. The substantive sentences on both the counts were made to run concurrently vide his judgment dated 31.1.1977.

(2.) AGGRIEVED by his convictions & sentences as aforesaid, the appellant has preferred this appeal before this Court. I have heard the learned Counsel for the appellant and the learned Public Prosecutor and gone thought the record of the case.

(3.) THE next submission of the learned Counsel for the appellant is that the appellant is a young boy of below 21 years of age and he is entitled to the benefit of the provisions of Probation of Offenders Act. In the alternative he has submitted that the petitioner has undergone imprisonment for about 14 months and he had remained for more then five months in detention during investigations enquiry and trial. Thus he has already suffered sufficient punishment.