RANDHIR SINGH Vs. BALRAJ AND ANR

JUDGEMENT

(1.) The prime question raised by the counsel for the petitioner in this case is "whether the benefit of probation could be extended in case where the offence is punishable for life -

(2.) Vide judgment dated 07/08.06.2004, Sub Divisional Judicial Magistrate, Gohana, Camp Court at Sonepat convicted and sentenced all the three accused-respondents (herein referred as 'the accused') to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- each under Section 324 IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/- each under Section 326 IPC. In appeal, the learned Addl. Sessions Judge, Sonepat, vide judgment dated 07.10.2004, while dismissing the appeal, confirmed the judgment of conviction holding as under:

(3.) However, while maintaining the sentence, the Court without mentioning any section extended benefit of probation on furnishing bonds in the sum of Rs. 25,000/- with one surety each in the like amount for a period of three years and the fine was converted into costs of proceedings. The relevant extract from the judgment of sentence passed by the Appellate Court is reproduced as under: