JUDGMENT :

Ganesh Ram Meena, J.

1. The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dated 27.11.1993 passed by the Court of learned Additional District and Sessions Judge, Sambhar Jheel, Jaipur, District Jaipur in Sessions Case No.13/1992, whereby, he has been convicted and sentenced for the offfence under section 307 IPC to seven years Rigorous Imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to undergo three months simple imprisonment.

2. On filing of appeal, the sentence awarded to the accused-appellant was suspended vide order dated 15.12.1993 and he was released on bail.

3. Mr. Rinesh Gupta, Counsel assisted by Mr. Anoop Meena, appearing for the accused-appellant instead of arguing the appeal on its merits with regard to challenge to the conviction and sentence, confines his arguments for grant of benefit of probation to the appellant under the provisions of Probation of Offenders Act, 1958 (hereinafter referred to as ‘the Act of 1958’). Counsel further submits that except the present case, no case has been registered against the accused-appellant. Counsel further submits that the accuse