Kiran Anand Lall,J. - (1.) This order may be read as a part of the judgment passed by this court on 18.1.2006.
(2.) Challenging the judgment dated 16.2.1994 and the order dated 18.2.1994 vide which the learned Additional Sessions Judge convicted Krishan Kumar accused-appellant and sentenced him to undergo rigorous imprisonment for 4 years and to pay a fine of Rs.1000/-, under Section 325 IPC, the appellant came up in appeal to this court, by filing Criminal Appeal No.109/SB of 1994. The State felt aggrieved against the quantum of sentence and it also filed Criminal Appeal No.596/SB of 1994, for the enhancement thereof.
(3.) This court upheld the verdict of conviction vide judgment dated 18.1.2006 and passed the following order on the point of sentence:- "As regards sentence, learned counsel for the appellant submitted that there was no intention to kill and it was a sudden quarrel, only on account of claim of the appellant to Rs.50/-, which he had given to the deceased injured and he had no knowledge that this will result in death of the deceased. This submission has been accepted by the trial court and for this reason, the offence has been converted into Section 325 IPC. It is submitted that the appellant was 18 years of age at the time of occurrence as, noticed in the impugned judgment and there is no reason to deny the benefit of probation under Section 4 of the Probation of Offenders Act, 1958, as the appellant is not a previous convict. I have heard learned counsel for the State also. Having regard to the circumstances of the case, to consider the contention raised on behalf of the appellant, a report from Probation Officer, Karnal, be called for. List again on 29.3.2006, after the receipt of report from Probation Officer, Karnal.";