P.D.KUDAL, J. - (1.) THIS criminal appeal is directed against the judgment of the learned Additional Sessions judge, Dausa dated 28th January, 1978.
(2.) THE appellant was tried for an offence under Section 307/34, IPC by the learned trial Court, But he was acquitted of the offence under Section 307/34, IPC but convicted under Section 324, IPC to undergo rigorous imprisonment for four months. The learned Counsel for the accused -apellant has contended that looking to the nature and to the fact that the accused was below 21 years of age on the date occurrence, the learned lower Cort has erred in law in not extending the benefit of the provisions of Section 360 Cr.P.C. and Section 6 of the Probation of Offenders Act, It was also contended that the learned lower the age 21 years on the date when the judgment was pronounced.
(3.) MR . Gupta appearing on behalf of the State has contended that from the evidence on record the prosecution has succeeded in bringing the guilt home to the accused. He has, however, not opposed the request of the accused -petitioner being enlarged on probation.;