NATHU RAM AND MANGE RAM Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 3.11.2003 of the Additional Sessions Judge, Delhi in Crl.A.16/2001, whereby the learned Judge while adjudicating on the judgment and order dated 28.3.2001 and 10.4.2001 of the Metropolitan Magistrate has dismissed the appeal of the petitioners herein. The learned Metropolitan Magistrate convicted the petitioners under Section 420/120-B IPC and sentenced them to undergo three years R.I. together with fine of Rs.5,000/- each and to further undergo SI for six months each under Section 420 IPC and to undergo R.I. for three years each under Section 120-B PC. Both the sentences were directed to run concurrently.

(2.) Counsel for Nathu Ram - petitioner no.1 as also counsel for Mange Ram - petitioner no.2 state that they do not wish to challenge the judgment of conviction on merits but confine their arguments only to the question of sentence. Counsel submit that Nathu Ram is above 70 years age and Mange Ram is above 65 years of age. The incident took place in the year 1984 and since then the petitioners have already undergone the ordeal of trial for 20 years. Besides this they have already undergone 6 months of the sentence of imprisonment.

(3.) Counsel pray that in view of the antecedents of the petitioners the petitioners may be admitted to the benefit of Probation of Offenders Act. Learned counsel for the State submits that in the facts and circumstances of this case he would not be averse to the benefit of the Probation of Offenders Act being extended to the petitioners.