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2017 DIGILAW 1849 (RAJ)

Jadu Ram v. State of Rajasthan

2017-08-17

PRADEEP NANDRAJOG

body2017
ORDER : Pradeep Nandrajog, J. The grievance of the petitioner is to the decision by the appellate Court while maintaining the conviction of the respondents for offences punishable under Section 452, 323, 325/34 IPC has granted benefit of probation to them. 2. The learned appellate Court has recorded reasons to give the accused the benefit of probation. 3. In the revision petition the petitioner has simply pleaded that the benefit of probation ought not to have been given because accused Indra Singh had remained in jail for an offence of murder. No particulars of the case have been stated. I have asked learned counsel for the petitioner whether he has any particulars concerning Inder Singh of being an accused for an offence of murder. The counsel has none. There is no pleading qua Ummed Singh or Sawai Singh in the revision petition. 4. Under the circumstances I find no infirmity in the view taken by the learned appellate Court for granting benefit of probation; being that the three accused had no criminal antecedents and were facing trial since 1995 when the benefit of probation was granted by the learned appellate Court. 5. The revision petition is dismissed.