Papparam vs State of Rajasthan - 2023 Supreme(Raj) 2143

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2143

FARJAND ALI
Papparam – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Hardev Ram Bishnoi
For the Respondent: Mr. Mohd. Javed Gauri, P.P.

ORDER :

Farjand Ali, J.

The petitioner was convicted for the offences under Sections 341 , 323 and 325 IPC by the learned Metropolitan Magistrate No.9, Jodhpur Metro in Criminal Case No.54/2019 and sentenced as under.

Section 3 41	One month's simple imprisonment
Section 323 IPC	Six month's simple imprisonment
Section 325 IPC	One year's simple imprisonment along with a fine of Rs.2000/- and in default of payment of fine further to undergo simple imprisonment of seven days.

2. Being aggrieved of his conviction and sentence awarded, the petitioner preferred Criminal Appeal No.169/2022 before the learned Additional Sessions Judge, No.3, which was decided vide judgement dated 28.03.2023, whereby the learned appellate court while affirming the judgement of conviction, took a lenient view and instead of sending the petitioner to jail, granted him benefit of probation under Section 4 (1) of the Probation of Offenders Act. He was also directed to pay a sum of Rs.8,000/- as cost of proceedings.

3. Being aggrieved of the aforesaid two judgements, the petitioner has preferred the instant revision petition under Section 3 97 /401 IPC.

4. Learned counsel f

Click Here to Read the rest of this document