S.K.JAIN,J - (1.) VIDE judgment of conviction and order of sentence, both dated 19.10.1992, Sub-Divisional Judicial Magistrate, Mahendergarh, convicted Surjit and Ganpat, petitioner, under sections 323/324/34, Indian Penal Code, for having voluntarily caused hurt by dangerous weapon viz., Kulhari, on the person of Suraj Bhan on 30.7.1989, in the area of village Bawana. P.S. Kaina, in furtherance of their common intention. Surjit was ordered to be released on probation whereas Ganpat was sentenced to undergo rigorous imprisonment for a period of one month under Section 323 IPC and six months' R.I. under Section 326 IPC. Both the sentences were, however, directed to run concurrently. Ganpat preferred an appeal against the abovesaid judgment of conviction and order of sentence which was dismissed by the Additional Sessions Judge, Narnaul vide his judgment dated 24.3.1993. It is that judgment and order of the lower appellate Court against which this criminal revision has been preferred by the petitioner and which requires my examination of its sustainability.
(2.) THE revision petition came up for preliminary hearing before this Court on 23.4.1993, when the following order was passed :- "Notice re: sentence for 13.7.1993. Bail to the satisfaction of C.J.M./Duty Magistrate, Narnaul." I have heard the learned counsel for the parties on the question of sentence, gone through the judgments of both the courts below and the evidence on the record. From the abovesaid order dated 23.4.1993, it is evident that the judgment of conviction has not been challenged on behalf on the convict and the revision petition has been restricted only to the question of quantum of sentence.
(3.) LEARNED counsel for the petitioner has vehemently argued that on the same very facts the learned trial court had released Surjit, the co-accused of the petitioner, on probation; that he was a youngman of 25 years having three minor children; that he was the sole bread earner of his family; that he was a first offender; and that he also deserved to be released on probation.;