DEBU RANI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner Debu Ram was convicted of offence under Sec. 3 read with Sec. 7 of Essential Commodities Act, 1955, by learned Chief Judicial Magistrate, Sikar, in criminal case No. 88/81. Learned Magistrate found the accused guilty of the aforesaid charges by judgment dated 19.5.1984 and sentenced him to undergo rigirous imprisonment for a period of one year and to pay a fine of Rs. 1000.00 and in default of payment of fine to under go further simple imprisonment for three months. Aggrieved, the petitioner went in appeal before learned Sessions Judge, Sikar, which was heard by learned Additional Sessions Judge, Sikar. Learned Additional Sessions Judge, Sikar, has upheld the conviction of the appellant for the aforesaid charge and has also upheld the sentence passed against him and has consequently dismissed the appeal. Aggrieved, the petitioner has come to this Court by way of this revision.

(3.) Learned counsel for the petitioner submits that the petitioner was 20 years of age when the alleged offence was committed. He was not a previous convict. Learned Chief Judicial Magistrate, Sikar, did not assign any reason whatsoever for not releasing the accused on probation of good conduct even though it was the first offence. He merely observed that the accused was guilty of committing irregularities and was guilty of not maintaining the record properly and hence he deserves to be given substantive sentence. It is submitted that the learned Additional Sessions Judge did not consider this aspect of the matter at all and, therefore, this Court Should now enlarge the petitioner on probation of good conduct, keeping in view the fact that he is not a previous convict and was 20 years of age when the offence was committed and he has undergone a long and protracted trial for an offence which is said to have been committed in the Month of July, 1980. It is submitted that we are in the year 1994 and in facts and circumstances of the case the accused-petitioner should be released on probation of good conduct.