IDIYA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Admit. Shri Richpal Singh, Public Prosecutor appearing on behalf of State takes notice. Heard learned counsel for the parties.

(2.) The applicants were challenged for offences under sections 325, 324, 323, 148 read with section 149 I. P. C. in the court of Chief Judicial Magistrate, Sawai Madhopur.

(3.) The occurrence took place on 30th Oct., 1974. All the accused applicants are agriculturists and they have been convicted under sections 148, 324 and 325 IPC, and have been sentenced to punishments of imprisonment ranging from three to sit months and to various amounts of fine by the learned Sessions Judge, Sawai Madhopur. Learned counsel for the petitioners has only argued that the applicants should have been granted the benefit of the Probation of Offenders Act, 1958. Reliance is placed on Hans Vs. State of Punjab, 1977 Cr. L. R. (S. C.) 310 . Having regard to the circumstances of the case and the nature of the offence and the fact that all the accused appellants are agriculturists and they are first offenders. I think it expedient to release the appellants on probation of good conduct for a period of two years from today. The sentences of imprisonment shall remain suspended during this period.