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Madhya Pradesh High Court · body

1978 DIGILAW 5 (MP)

Chironji v. State of M. P.

1978-01-03

B.R.DUBE

body1978
Short Note : 1. Appellant was held guilty under section 324 IPC for which he was convicted and sentenced to undergo R. 1 for a period of two years. 2. Held: The learned counsel for the appellant contends that the trial Court ought to have given the benefit of section 6 of the Probation of Offenders Act to the appellant for releasing him on probation of good conduct This contention must be accepted. The trial Court did find that the appellant was below 21 years of age and in spite of that the benefit of Probation of Offenders Act was not given to the appellant simply in view of the facts and circumstances of the case. It may be noted that the appellant did not cause the injury on the vital part of the body. It is also not disputed that the appellant is a first offender. It appears that on a petty matter a quarrel took place between the appellant and the victim Manjeetsingh and when the appellant was given a threat of beating by Manjeetsingh and his friends, the appellant under the heat of the moment stabbed him. The appellant only administered one stab blow to Manjeetsingh The appellant was only 18 years of age when he was convicted by the trial Court. Under these circumstances, it is a fit case wherein the appellant should be given the benefit of the Frobation of Offenders Act. Appeal partly allowed.