T.P.Garg - (1.) HEARD Sri A. N. Rai, learned counsel for the petitioners, learned A. G. A. for the State and Sri Anant Vijay, learned counsel for opposite party No. 1.
(2.) THE learned counsel for the parties agreed that this petition be disposed of finally at the stage of admission itself. I have also gone through the record. The learned counsel for the petitioners has not challenged the conviction of the petitioners on merits. He has simply prayed for a reduction in sentence awarded to the petitioners. According to him, Moti, Ram Narain, Radha and Keshav have already remained in jail for a period of 2 1/2 months each against the substantive sentence of three months awarded to them by the trial court and that their sentence be, therefore, reduced to the period already undergone. The said submission has not been controverted by the learned counsel for the opposite parties. Having regard to the facts and circumstances of the case, the prayer of the learned counsel for the petitioners is accepted and the period of substantive sentence is reduced to that already undergone.
(3.) IT has been further argued that the period of probation in respect of the remaining four petitioners viz. Subhau Bhar, Mishri, Ramdeo and Baleshwar, is quite wrong and so also the amount of bond. They have been released on probation for a period of two years on their furnishing bonds in the sum of Rs. 5,000 each. The occurrence pertains to the year 1984 and it is already more than a period of 12 years that the petitioners have been undergoing the ordeal of a long trial. In my opinion, therefore, the ends of justice will be amply met if the period of probation in respect of the four petitioners, viz. Subhau, Ramdeo, Mishri and Baleshwar, is reduced from two years to one year and the amount of their bonds is reduced from Rs. 5,000 to Rs. 2,000 each. However, the amount of fine/compensation imposed upon the petitioners and that in default of payment thereof is maintained, but out of the said amount, if recovered, a sum of Rs. 1,000 be paid to Sheo Bahadur, injured P.W., and Rs. 250 each to Ram Prasad and Dinanath, the other two injured P.Ws. by way of compensation. The petitioners are given two months' time to deposit the amount of fine/compensation. With the aforesaid reduction/modification in sentence, this revision fails and is dismissed.;