GANPAT SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1985-1-29
HIGH COURT OF RAJASTHAN
Decided on January 16,1985

GANPAT SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

KISHORE SINGH LODHA, J. - (1.) THIS revision has been filed by seven petitioners against the judgment of the learned Sessions Judge, dated 30 -11 -1978 by which he affirmed the order of the learned Munsif Magistrate, Bhinmal convicting them under Sections 147, 323 and 325 read with 149 IPC. They were sentenced to six months' RI on each of the first two counts and one year's RI and a fine of Rs. 100/ - on the third count.
(2.) ONE of the petitioners Chhail Singh moved an application under Section 427 Cr.PC, which was allowed by this court on 14 -10 -1982 and the sentences awarded to him in this case were made concurrent with the sentences awarded to him in Sessions Case No. 23/77 by the learned Sessions Judge, Jalore, on 23 -11 -1977 and in view of this order, the petitioner Chhail Singh's counsel did not press his revision. His revision petition was, therefore, ordered to be dismissed on 14 -10 -1982. Now we are concerned with the remaining six accused petitioners. The learned counsel for the petitioners has not challenged the convictions of the petitioners before me during the course of arguments of this revision and has only prayed that either the petitioners may be given the benefit of probation or the sentences awarded to them may be reduced as according to him, the occurrence is very old and the petitioners have already suffered a prolonged trial.
(3.) HAVING heard the learned counsel for the petitioners and the learned Public Prosecutor and having examined the record, I am of the opinion that this request cannot be said to be unreasonable. In my opinion, it will be proper in the circumstances of this case to give the benefit of probation to the petitioners and award reasonable compensation to the injured.;


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