KRISHNA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Krishna Kumar has preferred this appeal against the judgment of the learned Additional Sessions Judge No. 2 Hanumangarh by which he was convicted to 8 months rigorous imprisonment under section 324 I. P. C. and to three months rigorous imprisonment under section 27 of the Indian Arms Act.

(2.) The only point pressed before me is that the appellant is a young farmer and this was his first offence. He has remained in detention from 23-9-77 to 7.1.1978 and from 14-9-78 to 16-9-78. It is also submitted that the learned lower court was bound to consider the case of the appellant for the grant of probation. The learned counsel for the appellant further urged that the appellant had already undergone imprisonment for more than three months, and therefore, in the fitness of things the substantive sentence should be reduced to the period already undergone and the case may not be remitted to the lower court for the consideration of the case of the appellant for probation.

(3.) I have carefully considered the argument. The learned Public Prosecutor also could not point out any serious circumstance against the appellant. The motive of the crime appeared to be trivial in as much as the injured used to insist that the appellant should not take drinks.