Partly allowed

Jivan Singh v. State

Rajasthan HC8 May 2013CRLA/385/1989

Case brief

AI extract

What is this about?

In criminal appeal arising from conviction under Sections 333 and 332 IPC, the High Court maintained the convictions but granted the appellants benefits under Section 360 Cr.P.C. and Probation of Offenders Act, directing them to submit a personal bond.

What did the court decide?

Appeal partly allowed; conviction maintained; appellants granted benefit of Section 360 Cr.P.C. and Probation of Offenders Act; directed to submit personal bond of Rs. 20,000.

Jivan Singh Vs State — Service and Employment | Rajasthan HC (2013)

¶1

S.B. Criminal Appeal No. 385 of 1989 Jivaan Singh and anr. vs. State of Raj.

¶2

8.5.2013

¶3

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

¶4

REPORTABLE

¶5

Mr. Anil Jain, for the appellants. Mr. Pradeep Shrimal, Public Prosecutor.

¶6

¶7

This appeal has been filed against the judgment dated 6.10.1989 passed by Addl. Sessions Judge No.1 Alwar in Sessions Case No.46/86 whereby the appellant Jivan Singh was convicted u/s.333 IPC and sentenced to undergo 1 ½ years RI and fine of Rs. 50/- and in default of payment of fine further imprisonment of 10 days, and appellant Pooran Singh was convicted under section 332 IPC and sentenced to suffer one year RI and a fine of Rs. 50 and in default of payment of fine to undergo 10 days imprisonment.

¶8

The learned counsel for the appellants has not challenged the conviction of the appellant Jivan Singh u/s.333 IPC and appellant Pooran Singh under section 332 IPC. The learned counsel has stated that the appellants should be given the benefit of Probation of Offenders Act as was given to accused Kakka Singh by the court below. He has further contended that the occurrence is of 23.10.1984, which is more than 28 years and they have faced the trial and appeal period during this period. The appellants are old persons and they are not habitual offenders. Mr. Pradeep Shrimal, Public Prosecutor opposed the arguments raised by the learned counsel for the appellants.

¶9

I have heard the learned counsel for the parties and considered the facts and circumstances of the case. After considering all the facts and circumstances of the case, I am of the view that ends of justice would be met in case the accused appellants are given the benefit of Probation of Offenders Act

¶10

and Section 360 Cr.P.C.

¶11

Consequently, this appeal is partly allowed. The conviction of the appellants Jivan Singh u/s.333 IPC and appellant Pooran Singh under section 332 IPC is maintained, but they are given the benefit of Probation of Offenders Act and Section 360 Cr.P.c. and they are directed to submit personal bond in the amount of Rs. 20,000/- each before the trial court immediately for keeping peace and be of good behaviour for a period of two years and they will not repeat the offence of which they are accused during the period of probation.

¶12

(Mahesh Chandra Sharma) J.

¶13

OPPareek/

¶14

All corrections made in the judgment/order have been
incorporated in the judgment/ order being emailed.

¶15

 (O P Pareek)

¶16

 PS-cum JW

Jivan Singh v. State

Case brief

What is this about?

What did the court decide?

Jivan Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parvez Khan Vs State

Mubeen and Anr. Vs State

Jameel Ahm,Ed Vs State

Gyani @ Sharif Khan Vs State

Ram Singh Vs State

Ashok Kumar Vs State