Hazari Vs. the State

Hazari vs The State

Type Court Judgment Court Rajasthan Decided May 25, 1951

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Citation: sooperkanoon.com/752066
Court: Rajasthan High Court
Judge: Atma Charan, J.C.
Decided On: May 25, 1951
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - In the circumstances, it would meet the ends of justice if the sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of Rs. 500/- with one surety in the like amount to appear and receive senten...

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Hazari

Respondent

The State

Legal References

Reported In: 1954CriLJ214

Excerpt

- - in the circumstances, it would meet the ends of justice if the sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of rs. 500/- with one surety in the like amount to appear and receive sentence when called upon during the period of six months and in the meantime to keep the peace and be of good behaviour as laid down under section 562, cr. 4. the application in revision accordingly is partly allowed, the conviction of the accused-applicant is maintained, his sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of rs. 500/- with one surety in the like amount to appear and receive sentence when called upon during the period of six months and in the meantime to keep the peace and be of good behaviour as laid down under section 562, cr.orderatma charan, j.c.1. heard the parties.2. the accused-applicant stands convicted under section 379, i. p. c. and sentenced to receive fifteen stripes. the two courts below have definitely come to the conclusion that he was caught red-handed stealing one and a half, seers of sugar from a goods-wagon standing in the railway yard. there is thus no reason for me to hold on the revisional side that he has wrongly been convicted under section 379, i.p.c.3. the accused-applicant has been sentenced to receive fifteen stripes. it has been argued that the sentence of whipping errs on the side of severity. the accused-applicant is a khalasi coolie in the employ of b. b. & c. i. rly. he is bound to be dismissed from service as a result of the conviction. in the circumstances, it would meet the ends of justice if the sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of rs. 500/- with one surety in the like amount to appear and receive sentence when called upon during the period of six months and in the meantime to keep the peace and be of good behaviour as laid down under section 562, cr. p. c.4. the application in revision accordingly is partly allowed, the conviction of the accused-applicant is maintained, his sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of rs. 500/- with one surety in the like amount to appear and receive sentence when called upon during the period of six months and in the meantime to keep the peace and be of good behaviour as laid down under section 562, cr. p. c.5. the bond be furnished before the trial court by 25-6-1951.

Full Judgment

ORDER

Atma Charan, J.C.

1. Heard the parties.

2. The accused-applicant stands convicted under Section 379, I. P. C. and sentenced to receive fifteen stripes. The two Courts below have definitely come to the conclusion that he was caught red-handed stealing one and a half, seers of sugar from a goods-wagon standing in the railway yard. There is thus no reason for me to hold on the revisional side that he has wrongly been convicted under Section 379, I.P.C.

3. The accused-applicant has been sentenced to receive fifteen stripes. It has been argued that the sentence of whipping errs on the side of severity. The accused-applicant is a khalasi coolie in the employ of B. B. & C. I. Rly. He is bound to be dismissed from service as a result of the conviction. In the circumstances, it would meet the ends of justice if the sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of Rs. 500/- with one surety in the like amount to appear and receive sentence when called upon during the period of six months and in the meantime to keep the peace and be of good behaviour as laid down under Section 562, Cr. P. C.

4. The application in revision accordingly is partly allowed, the conviction of the accused-applicant is maintained, his sentence of whipping is set aside and he is directed to be released on probation of good conduct for a period of six months on his entering into a personal bond in the sum of Rs. 500/- with one surety in the like amount to appear and receive sentence when called upon during the period of six months and in the meantime to keep the peace and be of good behaviour as laid down under Section 562, Cr. P. C.

5. The bond be furnished before the trial Court by 25-6-1951.

Same Parties Hazari vs The State Same Subject Criminal Same Judge Atma Charan, J.C.

Criminal