The High Court of Rajasthan rejected the State's challenge to a sentence order probation granted to two accused respondents convicted of offences under IPC 34, 323, and 324, finding no illegality in the trial court's decision.
Criminal appeal dismissed; benefit of probation granted to accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 146 / 2017
State of Rajasthan
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. L.R. Upadhyay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
11/04/2017
This criminal appeal is preferred by the State being aggrieved with the judgment dated 22.08.2016 passed by the Additional Sessions Judge, Nathdwara (hereinafter to be referred as ‘the trial court’) in Sessions Case No.25/2013 whereby the trial court while convicting the accused respondents for the offences punishable under Sections 341, 323 and 324 read with Section 34 IPC has granted benefit of probation to them and further directed to accused respondent to pay compensation to the tune of Rs.2,500/- each to the injured Jagat Singh.
This appeal is essentially filed by the State with a grievance that the trial court has illegally granted the benefit of probation to the accused respondents instead of awarding sentence to them for the offences for which the accused respondents have been convicted.
(2 of 2)
[CRLA-146/2017]
After hearing the parties on the point of awarding sentence, the trial court has observed that the accused respondents have not previously been convicted in any criminal case and the accused respondent Pushpendra Singh is undergoing nursing course and if at this stage, he is sentenced for imprisonment, then his future will be ruined.
Heard the learned Public Prosecutor and perused the impugned judgment and also scrutinized the record of the trial court.
This Court is of the opinion that in the facts and circumstances of the case the trial court has not committed any illegality in granting benefit of probation to the accused respondents.
Hence, there is no force in this criminal appeal and the same is hereby dismissed.
(VIJAY BISHNOI)J.
Gaurav
1 issue framed by the court
Whether the trial court committed any illegality in granting benefit of probation to the accused respondents convicted under Sections 341, 323, 324 read with Section 34 IPC.
State of Rajasthan
Rituraj Singh S/o Jawan Singh Sishodiya Rajput
Pushpendra Singh
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
