Y.R.MEENA, J. - (1.) THIS revision petition is directed against the judgment of learned District and Sessions Judge, Sri Ganganagar dated 17-12-81, where by he sustained the conviction of accused petitioner under s. 25 of Indian Arms Act and sentenced him to undergo three month's rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine, further undergo one month's rigorous imprisonment.
(2.) THE facts, in short, are that on 20-4-80 at 2 a. m. Budharam (P. W. 1) reported at Police Station, Ghamoorwali that in Murabba No. 34 of 62 NLP land measuring 2 bighas and 12 biswas was allotted to Ram Pratap. He is nephew of Ram Pratap. Ram Pratap had given him power of attorney in respect of that land and he has cultivating it. A suit was filed by one Hari Ram and in that suit allotment of land in the name of Ram Pratap was cancelled. He went in appeal against that order and stay order was obtained but inspite of the stay order, tehsildar gave possession of this land to Ram Narayan. On 19-4-80, when turn for water came for irrigation, he along-with Shri Ram and Pritam Singh went to the field at about 8. 40 p. m. Ram Narayan, his sons Rajendra and Vinod were already there. Budhram and the persons alongwith him started to irrigate the land. Ram Narayan came and struck} a 'celley' blow to Budhram and Rajendra fired pistol shot at the instance of Ram Narayan. That shot injured Pritam Singh and Shri Ram and they ren away. On report, a case under sec. 307 read with sec. 34, IPC and underasec. 25, Indian Arms Act was registered. Accused Rajendra was arrested on 20- 4-80 and pistol was recovered at his instance. After completion of investigation, challan was put up in the Court of Munssf and Judicial Magistrate, Padampur, who committed the case to the court of Sessions Judge, Sri Ganganagar. THE learned Sessions Judge has acquitted accused Rajendra of the offence under Section 307 IPC and acquitted Ramnarayan and Vinod of the offence under Section 307 read with Section 34 but found accused petitioner Rajendra guilty under Section 25, Indian Arms Act. He convicted him under that Section and sentenced him to undergo three months' rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo one month's rigorous imprisonment. Being dissatisfied with the judgment of the learned Sessions Judge, accused petitioner has filed revision petition in this Court. Learned counsel for the accused petitioner Shri Vijay Bishnoi did not press the petition on merits. He prayed for the benefit of probation. He sub-nrtted that this is the first offence of the accused petitioner. No other offence was committed. Petitioner is a poor agriculturist, his general behaviour and conduct in the society is good. He has already faced criminal litigation for more than 10 years. Therefore, under Section 360 of the Criminal Procedure Code, the benefit of probation should be allowed. On the other hand, learned Public Prosecutor Shri Singhvi did not seriously object in case the benefit of probation is allowed but prayed for the enhancement of the fine. I have heard the rival submissions. The facts stated above are not disputed. Considering the spirit of provisions of Section 360 of the Criminal Procedure Code, in my view this is a fit case where probation should be allowed. When the accused petitioner has already remained in custody for 20 days and is a poor agriculturist, there is no justification in enhancing the fine. In the result, revision petition is partly allowed. Conviction is upheld. Benefit of probation is allowed under Section 360, Cr. P. C. and accused petitioner is directed to furnish a bond of Rs. 2,000/. with one surety in the like amount to the satisfaction of the trial Court to appear and receive sentence as and when called upon to do so within a period of two years and in the meantime to keep peace and be of good behaviour. Accused petitioner should pay fine as ordered by the learned Sessions Judge within a period of two months. In default of payment of fine, he shall undergo one month's simple imprisonment. .;