M.C. Sharma, J. - (1.) By filing instant criminal appeal petition under section 374 Cr.P.C. the accused appellant has challenged the impugned judgment of conviction and sentence dated 30.06.1986 passed by District and Sessions Judge, Jhalawar (for short 'the trial court') passed in Sessions Case No. 65/1984 by which he convicted and sentenced the accused appellant for the offence under section 326 IPC for a period of two years RI and a fine of Rs. 500. In default of payment of fine, he shall further undergo three months RI.
(2.) Without going into merits of the case Mr. Rinesh Gupta, counsel appearing for the accused appellant has made a request to the Court that he is not challenging the conviction part of the judgment of trial court but he is only requesting to the court that the accused appellant be given the benefit of probation as per the provisions of Section 360 Cr.P.C. and, if not, then sentence awarded to the accused applicant be reduced for the period already undergone by them in confinement.
(3.) He further urged to this Court that the accused appellant is 55 years of age. He has remained in judicial lock up near-about 30 days. The alleged incident has taken place on 20.04.1984 i.e. near about 25 years ago from today and since then accused appellant is facing trial, which tantamount to a punishment and mental agony. He has drawn attention of the Court that the accused appellant is having his family and his children are of marriageable age.;