P.D. Kudal, J. - (1.) THIS is an appeal by the accused appellants against the judgment of the learned Additional Sessions Judge. Took at Jaipur dated 12 -12 -1974, whereby Naihulal, Kesharlal, Mittha and Pooran Nath were convicted under Section 323 I.P.C., and sentenced to three months' rigorous imprisonment; and Jagdish was convicted under Section 304, Part. II I.P.C. and sentenced to six mouths' rigorous imprisonment.
(2.) THE accused -appellants Mitthu, Nathulal, Kesharlal and Pooran Nath have filed a compromise with the legal bests of Nathu injured and his widow Met Kanti Devi. Vide proceedings dated 4 -8 -1975, it was ordered that this compromise shall be considered at the time of hearing of the appeal. As regards the accused appellant Jagdish is concerned, it was contended that he was a student studying in secondary, and was below 20 years of age. It was also contended that he was on bail during the pendency of the trial. The accused appellant Jagdish is in custody since 12 -12 -1974 as a result of which his studies have also been stopped.
(3.) THE earned Counsel for the accused -appellants has prayed that as the accused -appellant Jagdish is not a previous convict, and as he was below 21 years of age at the time of the occurrence, benefit under Section 6 of the Probation of Offenders Act. read with Section 360 of the Code of Criminal Procedure, 1973, may be granted to him. In support of his contention, be has relied on Daulat Ram v. State of Haryan, AIR 1972 SC 2434, a Darshana Kumar v. Jabalpur Municipality, AIR 1973 SC 906 and Shri Ram v. The State, 1973 RLW 495.;