RANDHIR @ DHEERA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(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:-