Research › Browse › Judgment

Rajasthan High Court · body

1985 DIGILAW 314 (RAJ)

Hazari Lal v. State of Rajasthan

1985-06-03

V.S.DAVE

body1985
JUDGMENT 1. - This revision petition is directed against the judgment dated May 24, 1985 passed by Additional Sessions Judge No. 2, Alwar whereby he maintained the conviction of the accused petitioner for offences under sections 379 & 457 IPC but reduced the sentence from one year's simple imprisonment to six months' simple imprisonment on each count and to pay a fine of Rs. 1000/- on each count. In default of payment of fine to further undergo one month's simple imprisonment. Both the sentences were ordered to run concurrently. 2. The accused petitioner had neither challenged the conviction before the appellate court nor has challenged in this court and hence I need not discuss the facts of the case. Suffice it to mention that in this case the total amount involved in the theft is Rs. 30/- and the occurrence took place in the year 1980. It is for last 5 years that the accused is facing trial in a matter where the amount of theft involved is only Rs. 30/-. The accused has not been given the benefit of either Probation of Offenders Act or section 360 Cr, PC on the ground that one of the offences alleged against the accused is one under section 457 IPC is punishable up to 14 years. The accused is now in jail. It is not the case of the prosecution that the accused petitioner is a previous convict and it is also not denied that the accused is about 21 or 22 years of age. 3. Hence looking at the facts and circumstances of the case and the amount involved in the theft and the past conduct of the accused petitioner, in my opinion ends of justice would meet in case the accused petitioner is given the benefit of section 360 Cr. PC. Accordingly I partly accept this revision petition and instead maintaining the sentence I direct that the accused petitioner should be released on probation of good conduct on his entering into a bond in the sum of Rs. 3000/- to appear and receive sentence when called upon during the period of two years. It is further directed that the accused petitioner shall, in the meantime, keep the peace and be of good behaviour.Revision partly accepted. *******