KISHORE SINGH LODHA, J. - (1.) I have heard the learned Counsel for the petitioner and the leared Public Prosecutor.
(2.) THE petitioner Meena Singh alias Manna Singh was convicted for offences under Sections 325, 324 and 323 IPC by the learned Munsif and Judicial Magistrate, Hanumangarh by his judgment dated 21 -1 -1983. He was sentenced to nine month's R.I. and a fine of Rs. 500/ - under the first count, six month's R.I. under the second count and three month's R.I. under the third count. However, on appeal the learned Addl Sessions Judge acquitted him of the offence under Section 325 IPC but maintained the convictions under Sections 324, 323 IPC and reduced the sentence to three months S.I. under each of the counts. Aggrieved of this the petitioner has come np in revision. The learned Counsel for the petitioner has not challenged the convictions of the petitioner under Sections 324, 323 IPC but has only prayed that the sentences awarded to the petitioner may be set aside and he may be given the benefit of probation. Looking to all the facts and circumstances of the case I am inclined to accept this prayer.
(3.) AS already stated above, the learned Sessions Judge has already acquitted the petitioner under Section 325 IPC. The only convictions are under Sections 324 and 323 IPC. The incident had taken place as far back as on 16 9 -1974. The accused at the time of the said incident was a young boy between 18 -22 (in his statement under Section 313 Cr. PC recorded on 8 -12 -982, the accused had stated his age to be 26 and the court estimated it to be about 30) The trial of the accused has been protracted. The trial court convicted the accused on 21 -1 1983 and the appeal has been disposed of by the learned Sessions Judge on 20 3 -1987, The incident had taken place on account of some ill -will between the parties as some dispute had been going on between them for the last four years before this incident. The accused has already undergone about 8 days of imprisonment.;