S.S.GREWAL,J - (1.) PETITIONER Manohar Lal who is a police constable was convicted under Section 451 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- vide order of Additional Chief Judicial Magistrate, Faridkot, dated 31.3.1993. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. The petitioner was also convicted under Section 506 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years. The appeal against the order of conviction and sentence passed by the trial Court was dismissed except that the sentence of imprisonment awarded under Section 451 of the Indian Penal Code was reduced from rigorous imprisonment for one year to rigorous imprisonment for six months whereas the sentence of imprisonment passed under section 506 of the Indian Penal Code was reduced from rigorous imprisonment for two years to rigorous imprisonment for six months vide order of Sessions Judge Faridkot dated 1.10.1993. Both the Courts below, however, ordered the substantive sentence of imprisonment awarded to the petitioner to run concurrently.
(2.) AGGRIEVED against the orders of conviction and sentence passed by the courts below, the petitioner has filed the present revision petition in which notice was only issued qua sentence awarded to the petitioner and whether benefit of Probation of Offenders Act can be granted to him or not. In brief facts of the prosecution case are that on 23rd August, 1990 at about 7 P.M. the petitioner committed trespass in the house of Jasbir Kaur member Panchayat. At that time two daughters of Jasbir Kaur namely Balwinder Kaur and Bakshish Kaur were also present there. The petitioner was stated to be in a drunken condition. He threatened Jasbir Kaur and her daughters that he had a revolver with him and they should hand over all the valuables they have otherwise they would be shot dead. Jasbir Kaur and her daughters raised alarm which attracted Kulwant Singh PW. Meanwhile Kashmir Singh Shabegh Singh and Harjit Singh etc. were also attracted to the spot. The petitioner tried to run away but he was surrounded in the nearby fields. Jasbir Kaur and others gave shoe beating to the petitioner. The petitioner was then taken to Medical College and Hospital Faridkot where he was medically examined and later on arrested. After completion of the investigation, the petitioner was challenged, tried, convicted and sentenced as stated earlier.
(3.) THE learned counsel for the parties were heard.;