The central legal point established in the judgment is the application of Section 4 of the Probation of Offenders Act, 1958, considering the nature of the offence, character of the offender, and absence of criminal antecedents.

ORDER

1. This Criminal Appeal has been preferred under Section 374(2) Cr.P.C. praying for the following reliefs:-

"It is, therefore, most humbly and respectfully prayed that this appeal under Section 374(2) of Cr.P.C. may kindly be allowed, the impugned judgment of conviction and order of sentence dated 5.5.2003 passed by the learned Additional Sessions Judge, Fast Track, Balotra camp at Barmer in Sessions Case No.114/2002 (9/2002) may kindly be quashed and set aside consequently acquitting the appellant accused from the charges framed against her."

2. The matter pertains to an incident that occurred in the year 2002 and the present appeal has been pending since 2003.

3. Vide impugned judgment dated 5.5.2003 the learned Additional Sessions Judge, Fast Track, Balotra Camp at Barmer in Sessions Case No.114/2002 (9/2002) convicted accused-appellant for the offence under Section 306 IPC and sentenced to undergo five years rigorous imprisonment with a fine of Rs.1000/- in default of payment of fine, further to undergo three months rigorous imprisonment.

4. Mr. Chaitanya Gahlot, learned counsel for the accusedappellant submits that the present appellant is wife of the deceased and the allegations is that she was forcing her husband to get transferred at her native place.

5. Learned counsel for the accused-appellant submits that appellant was a young lady at the time of the incident, aged only about 22 years. Learned counsel further submits that the appellant has now remarried and trying to settle herself; any kind of continuance of custody or sentence would completely throw her married life out of gear.

6. Learned counsel for the accused-appellant submits that the accused-appellant does not have any criminal antecedents to his discredit. Learned counsel also submits that there was a delay in lodging the FIR.

7. Learned counsel for the accused-appellant makes a limited prayer that in the aforesaid factual matrix and while keeping into consideration that the appellant being a lady and there are no criminal antecedents against her, the benefit of Section 4 of the Probation of Offenders Act, 1958 be extended to the present appellant.

8. Learned counsel for the accused-appellant further submits that that the maximum punishment under Section 306 of IPC is up to 10 years and thus, Section 4 of the Probation of Offenders Act, 1958 will operate in the present case, in case the Court exercises its jurisdiction to do so.

9. Learned counsel for the accused-appellant further submits that the sentence awarded to the accused-appellant was suspended by this Hon’ble Court vide the order dated 13.05.2003 passed in S.B. Criminal Misc. Bail Application No.579/2003 and thus, she is on bail.

10. 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