JUDGEMENT
L.N.MITTAL,J. -
(1.)PETITIONERS Beant Singh and Hardial Singh have filed this revision petition assailing their conviction and sentence ordered by courts
below in private criminal complaint instituted by respondent no. 2-
complainant Major Singh.
(2.)LEARNED Magistrate convicted and sentenced the petitioners under sections 326, 324 and 323 read with section 34 IPC but learned
appellate court in appeal preferred by the convicts has acquitted them of the
offences under sections 326 and 324 IPC but has maintained conviction and
sentence of imprisonment for three months and fine of Rs. 100/- under
section 323 read with section 34 IPC.
Vide order dated 1.5.2013, conviction of the petitioners has
been upheld but notice of motion has been issued only re: quantum of
sentence including prayer for release of the petitioners on probation of good
conduct.
I have heard counsel for the parties and perused the case file.
The alleged occurrence took place on 29.12.2000 i.e. more than 12 years ago. During this long period, the petitioners have faced the agony of trial including appeal and revision petition. The petitioners now stand
convicted under section 323 IPC only whereas for the graver offences under
sections 326 and 324 IPC they stand acquitted by the appellate court. In
these circumstances, there is no ground for not extending the benefit of
probation to the petitioners. They are not said to be previous convicts.
Accordingly, it is a fit case in which petitioners should be released on
probation of good conduct with direction to them to pay some compensation
to respondent no. 2-complainant.
(3.)ACCORDINGLY , it is ordered that the petitioner shall be released on probation of good conduct on furnishing requisite probation bonds to the
satisfaction of the trial Magistrate undertaking to appear and receive the
sentence whenever called upon during the period of six months and in the
meantime, to keep peace and to be of good behaviour. Fine amount of Rs
100/- each shall be treated as costs of the proceedings. The petitioners shall also pay Rs. 2500/- each as compensation to respondent no. 2-complainant.
The said amount shall be deposited with the trial Magistrate and then shall
be disbursed to respondent no. 2-complainant. On furnishing probation
bonds and on deposit of compensation amount, the petitioners shall
forthwith be released from custody, if not required in any other case.
Disposed of accordingly.
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