The main legal point established in the judgment is the entitlement of the accused-appellant to the benefit under the Probation of Offenders Act, 1958 based on the absence of criminal antecedents and relevant legal precedents.

JUDGMENT

Pushpendra Singh Bhati, J. - This Criminal Appeal has been preferred under Section 374(2) Cr.P.C. praying for the following reliefs:-

"it is, therefore, humbly prayed that this appeal may be allowed the impugned judgment dated 07.04.1994 passed by the Additional Sessions Judge, Churu, Camp Rajgarh in Sessions Case No. 94/93 may kindly be set aside and the appellant may kindly be acquitted from all the offences."

2. The matter pertains to an incident that occurred in the year 1988 and the present appeal has been pending since 1994.

3. Vide impugned judgment dated 07.04.1994 the learned Additional Sessions Judge, Churu Camp Rajgarh in Sessions Case No. 94/93 convicted accused-appellant for offence under Section 307 IPC and sentenced to undergo five years' R.I. and a fine of Rs. 5,000/- in default of payment of which he was further ordered to undergo six months' S.I.

4. Learned counsel for the accused-appellant submits that the offence under Section 307 IPC is punishable with a maximum imprisonment up to ten years, therefore, the appellant may be granted benefit of Section 4 of the Probation of Offenders Act, 1958.

5. Learned counsel for the accused-appellant submits that the appellant does not have any criminal antecedents to his discredit.

6. Learned counsel for the revision-petitioner further submits that the sentence awarded to the accused-appellant was suspended by this Hon'ble Court vide the order dated 20.06.1994 passed in S.B. Criminal Misc. Bail (Sos) No. 201/1994, and thus, he is on bail.

7. Counsel for the revision-petitioner submits the alleged incident happened at the spur of moment. There was no intention to cause death. The Injury Report shows that he sustained one injury, which was simple in nature and there was only one injury on the person.

8. Learned counsel for the accused-appellant however, makes a limited prayer that the accused-appellant may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act').

"4. Power of court to release certain offenders on probation of good conduct.--

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

(2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.

(3)...

(4)...

(5)..."

9. On the other hand, learned Public Prosecutor opposes the present appeal and submits that looking to the overall facts and circumstances of the case and the well reasoned speaking order passed by the learned court below, the accused-appellant is not entitled for any indulgence by this Court.

10. Heard learned counsel for the parties as well as perused the record of the case.

11. In Arvind Mohan Sinha v. Amulya Kumar Biswas (1974) 4 SCC, the Hon'ble Apex Court observed as under:-

"The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared t