G.K.SHARMA, J. - (1.) WITH the consent of both the learned Counsel the revision petition is disposed of today.
(2.) THE petitioner was challaned Under Section 304A and 279 IPC and the learned Magistrate after concluding trial found him guilty and sentenced him to 9 months rigorous imprisonment for the offence Under Section 304A, IPC and 3 months' R.I. for the offence Under Section 279 IPC. Apart from this sentence be has also imposed a fine of Rs. 50/ - and in default of payment of fine, to further undergo 7 day's S.I. An appeal was filed which was dismissed by the learned Sessions Judge, Merta vide order dt. 19 -7 -89. The learned Counsel for the petitioner argued that the provisions of Section 360 Cr.P.C. are mandatory provisions and the learned lower Courts have not considered this provision. According to Section 361 Cr.P.C. of the trial Court or the appellate Court find that it is not a case where probation is to be granted then the Court should have recorded its reasons for not granting him the probation. As the lower Courts have not followed the provisions of Sections 360 and 361 Cr.P.C. they have left this lacuna and it is prayed that the petitioners be considered for releasing him on probation. He has also argued that in number of cases this Court has granted probation in such cases.
(3.) CONSIDERED the arguments. Both the Courts have found the petitioner guilty of the offence Under Section 304A and 279 IPC and I do not want to enter into the merit as there is concurrent finding of fact. The argument is that the petitioners be ordered to be released on probation and the petitioner is willing to pay some compensation to the family members of the deceased, Gajraj Singh.;