RAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is filed by the revisionist - petitioners against the judgment dated 9.9.2010 passed by learned Addl. Sessions Judge, Patiala, well as judgment dated 22.8.2006 passed by the learned Judicial Magistrate First Class, Patiala, whereby petitioners and other co-accused were convicted under Sections 452/323/324/325/148/149 IPC and were awarded sentence of R.I. for two years and fine of Rs. 300/- each and in default of payment of fine to further undergo R.I. for two months each, under Section 452 IPC, R.I. for one year and fine of Rs. 100/- each and in default of payment of fine to further undergo R.I. for two months each under Section 325 read with Section 149 IPC, R.I. for six months and fine of Rs.100/- each and in default of payment of fine to further undergo R.I. for one month each under Section 324 read with Section 149, R.I. for three months under Section 323 IPC and fine of Rs.100/- each and in default of payment of fine to further undergo R.I. for one month each, R.I. for one year and fine of Rs. 100/- each and in default of payment of fine to further undergo R.I. for one month each, under Section 148 IPC, Shinda @ Kulbir was awarded sentence of R.I. for two years and fine of Rs.300/-, and in default of payment of fine to further undergo R.I. for two months, under Section 325 IPC and Bant Singh was awarded sentence of R.I. for one year and fine of Rs. 200/- and in default of payment of fine to further undergo R.I. for one month, under Section 324 IPC.

(2.) Feeling aggreived from the judgement of the learned Judicial Magistrate Ist Class, Patiala, appeal was preferred before the Sessions Judge, Patiala, which was decided by the learned Addl. Sessions Judge, Patiala on 9.9.2010, thereby releasing Shintu @ Karamjit Singh and Shinda @ Kulbir Singh on probation on the ground that if they are sent to prison, it is likely that they will come in contact of hardened criminals there and they themselves may become criminals. However, probation was not granted to Raj Singh and Ram Chand.

(3.) There is no record to justify that Raj Singh and Ram Chand, petitioners are found guilty previsously also in any criminal offence, hence in the opinion of this Court, they are also entitled to be released on probation.