Alok Singh, J. - (1.) PETITIONERS were found guilty for offences under Sections 148, 149, 323, 326 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ -each under Section 148 IPC and in default of payment of fine to further undergo simple imprisonment for one month. They were further sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/ -each under Sections 323/149 IPC and in default of payment of fine, Petitioners were further sentenced to undergo simple imprisonment for a period of one month. The Petitioners were further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ -each under Sections 326/149 IPC and in default of payment of fine, Petitioners were further sentenced to undergo simple imprisonment for a period of two months. All the sentences were ordered to run concurrently by learned Judicial Magistrate 1st Class, Hisar. However, in appeal learned Sessions Judge has directed as under: Now coming to the question of sentence, it is observed that Appellants are facing agony of trial since the year 1998 i.e. for the last 12 years. Appellant Dharma is stated to be of more than 70 years. The exaggerating circumstance is that injured Umed received fracture of his skull bone. As per his MLR he received two injuries on his head. In view of the fact that injured Umed had received fracture of his skull bone, the Appellants are not entitled to benefit of probation of good conduct. However, in view of the protracted trial, some leniency is required to be observed in the matter of sentence. Accordingly, the sentence of the Appellants under Section 148 IPC is reduced from one year rigorous imprisonment to six months rigorous imprisonment each. The sentence of the Appellants under Section 323/149 IPC is also reduced from 6 months rigorous imprisonment to three months rigorous imprisonment each. The Appellants are sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs. 1000/ -each under Section 325/149 IPC and in default of payment of fine, the defaulter convict shall further undergo simple imprisonment for two months. The sentence of fine for offence under Section 148 IPC and 323/149 IPC and default sentence shall remain intact as awarded by learned trial court.
(2.) LEARNED Counsel for the Petitioners states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 148/149/323/326 IPC. Learned Counsel for the revisionists further submits that revisionists should be released on probation under Section 4(1) of the Probation of Offenders Act, 1958. He has placed reliance on the judgment of the learned Single Judge of this Court in the matter of Sansar Singh v. State of Punjab, Criminal Revision No. 658 of 2002 decided on 10.3.2009.
(3.) MS . Preeti Chaudhari, AAG, Haryana, states that Petitioners/revisionists are the first time offenders and no other criminal case is pending against them.;