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 appel