The main legal point established in the judgment is the court's discretion to allow a convicted individual to be released on probation of good conduct under the U.P. First Offenders Probation Act, 1958, based on the nature of the offense and the intention of law for reformation of the criminals.

Admit.

2. Notice has been taken by the learned A. G. A, for the State.

3. I am of the opinion that this revision application can be disposed of finally.

4. Learned Counsel for the revisionists has stated that he did not press their convic tion under Section 324 read with Section 34 I. P. C. Revisionists Nos. 2 and 3, namely, Shanker and Vishwanath Prasad were released on probation of good conduct by the appellate Court but the benefit was denied to revisionist No. 1 Om Prakash mainly on the ground that the injury upon the person of complainant Barmeshwar was inflicted by him. The three revisionists are real brothers. The incident which gave raise to these proceedings had taken place on 4. 4. 82, i. e. more than ten years ago. Since then all there revisionists have been facing the ordeal of trial, appeal and ultimately revision.

5. The trial Court had awarded the sentence of six months R. I. and fine of Rs. 500/- to revisionist Om Prakash under Section 324 I. P. C. The appellate Court, however, had reduced the sentence of imprisonment to three months only.

6. In my opinion, no useful purpose will be served now after more than ten years by keeping the revisionist Om Prakash inside the prison in the company of hardened criminals. The purpose of his reformation cannot be achieved by sending him to jail.

7. Revisionist Om Prakash has been convicted under Section 324 I. P. C. only which does not involve any moral turpitude. It is also not a heinous crime. The nature of the prosecution story suggests that the occurrence had taken place due to sudden rise of temper.

8. Considering all these circumstances and the intention of law for reformation of the criminals, I find it proper to give revisionist Om Prakash also the benefit of Section 4 of the U. P. First Offenders Probation Act, 1958, as given to revisionists Shanker and Vishwanath.

9. The revision, in view of the above discussion, is partly allowed. The conviction of the revisionists is maintained. The order of the Court of appeal for release of Shanker and Vishwanath Prasad on probation is confirmed. Revisionist Om Prakash also is given the benefit of release on probation of good conduct on the same terms and conditions upon which it was given to revisionists Shanker and Vishwanath Prasad. He shall be released from the jail at present. He, thereafter, shall execute the personal bond and furnish the sureties within 15 days in the trial Court. In case of violation of the terms and conditions, he shall be called upon and directed to undergo the sentence awarded to him by the appellate Court. Revision partly allowed

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