- (1.) This criminal revision has been filed under Section 401 of the Code of Criminal Procedure challenging the judgment dated 10.02.2012 (Annexure P/1) passed by learned Sessions Judge, Jind.
(2.) The learned Sessions Judge has granted benefit under Probation of Offenders Act, 1958 (hereinafter referred to as the "Act") to the petitioners-accused while deciding the appeal filed against the judgment of conviction dated 09.05.2011 and order of sentence dated 10.05.2011 passed by learned Sub Divisional Judicial Magistrate, Narwana in a case FIR No. 267, dated 09.11.2006, under Sections 323/325/34 IPC, registered at Police Station Uchana.
(3.) Brief facts of the case relevant for disposal of this petition are that the petitioners were convicted of offence punishable under Section 323 read with Section 34 I.P.C. By the Sub Divisional Judicial Magistrate. They were sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs.1000/-. In default of payment of fine, they were further sentenced to undergo imprisonment for three months. After the conviction and sentence, the petitioners filed an appeal before the learned Sessions Judge, Jind, who upheld the conviction by modified the sentence by extending the benefit of probation under the Act on the ground that the petitioners have no previous conviction and they have already faced agony of protracted trial for sufficient long time. The operative part of the order of the learned Sessions Judge reads as under:- "23. After giving my considerable thoughts to the submissions so made by both the sides on the quantum sentence, I find it a fit case to grant benefit of probation to the appellants by modifying it, because from perusal of the impugned order reveals that the learned trial Court has not assigned any reason for declining such benefit to them. There is no material on record to indicate that the appellants had no previous conviction. In the absence of such evidence, the appellants have to be treated as first offenders and thus are entitled to benefit of probation. In Rajbir versus State of Haryana , the appellant, who was convicted and sentenced under Section 323 IPC was released on probation of good conduct by the Hon'ble Apex court. Thus, in view of the proposition of law laid down therein, keeping in view the facts and circumstances and the nature of offence, modifying the impugned order of sentence, the appellants are ordered to be released on probation of good conduct on their furnishing bonds in the sum of Rs.10,000/- with one surety in the like amount for a period of one year with the direction to keep peace and be of good behaviour and shall receive sentence as and when called by the court during the said period, to the satisfaction of the learned trial Court. However, the amount of fine is enhanced from Rs.1,000/- to Rs.2,000/- each and on its realization, a sum of Rs.4,000/- shall be paid to the injured-complainant Mahender PW-2 and the remaining shall be treated as costs of proceedings. The appellants are directed to furnish their probation bonds and deposit the enhanced amount of fine in the learned trial Court within 15 days from today, failing which their appeal shall be deemed to have dismissed in toto. Trial Court record be sent back with a copy of this judgment. File be consigned to record room after due compliance.";