Banwari vs State of Rajasthan - 2024 Supreme(Raj) 1254

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1254

GANESH RAM MEENA
Banwari – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Santosh Kumar Jain
For the Respondent: Mr. Babulal Nasuna, PP

JUDGMENT :

Ganesh Ram Meena, J.

The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dated 10.06.1994 passed by the Court of learned Additional District & Sessions Judge, Chhabra (Rajasthan) [for short 'the learned trial Court'] in Sessions Case No.197/1992, whereby, the accused appellant has been convicted and sentenced as under:-

U/s. 307 I.P.C

Three Years Rigorous Imprisonment and fine of Rs. 1000/-. In default of payment of fine, the accused appellant has to further undergo two months Rigorous Imprisonment.

2. On filing of appeal, the sentence awarded to the accused-appellant was suspended vide order dated 24.06.1994 and he was released on bail.

3. Mr. Santosh Kumar Jain, counsel 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-appell