KANHIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused petitioner was convicted and sentenced under Sec. 279, 337 and 304-A of the Penal Code by the learned Additional Civil Judge (Junior Division) and Judicial Magistrate No. 1 Jaipur Distt. After an unsuccessful appeal, the accused preferred instant revision. Learned counsel appearing for the petitioner did not challenge the conviction but only canvassed that the accused petitioner is entitled to benefit of probation. Reliance was placed on Prabhu Dayal Vs. State of Raj. (RLW 1992 (2) Page 303) , Mohan Singh Vs. State of Rajasthan (1994 (1) WLN 561) , Bhikha Ram Vs. State (Cr.L.R. (Raj.) 1992 Page 268) and Sohan Lal Vs. State (Cr.L.R. (Raj.) 1990 Page 404) .

(2.) Mr. M.L. Goyal, learned PR for the State opposed the submissions and supported the impugned judgments.

(3.) I have reflected over the rival submissions and carefully scanned the material on record.