DEENU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been convicted for offences under Ss. 457 and 380 IPC and sentenced to six months rigorous imprisonment and a fine of Rs. 100/- on each count and in default of payment of fine he was directed to further undergo one months rigorous imprisonment by the learned Add. Sessions Judge, Kishangarhbas who had partly allowed the appeal and had reduced the substantive sentence of two years rigorous imprisonment on each count imposed by the Munsiff and Judicial Magistrate, Kishangarhbas.

(2.) The charge against the petitioner was that on the night intervening 8th and 9th October, 1977, he had opened the shutter of a hotel (small restaurant) and one more adjoining shop and removed some goods. He was apprehended on the spot and certain goods were recovered from him.

(3.) I need not narrate the detailed story and discuss the facts of the case as the conviction has not been challenged before me and my opinion rightly so since there is concurrent finding of facts. The only prayer made is that the accused should have been dealt with under the provisions of Probation of Offenders Act. The learned Public Prosecutor has no objection if the accused is dealt with under the provisions of Probation of Offenders Act.