JAGMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, I am disposing of two criminal revisions i.e. Crl. Revn. No. 758 of 2013 filed by convict Jagmal and Crl. Revn. No. 811 of 2013 filed by convict Sanjeev alias Sanju because both these revision petitions have arisen out of the same FIR No. 219 dated 17.08.2001, under Sections 452, 323 and 506 read with Section 34 of the Indian Penal Code (in short ­ IPC), registered at Police Station Sadar Thanesar, District Kurukshetra.

(2.) BOTH the petitioners along with Sardara (who was father of petitioner Sanjeev @ Sanju and is reported to have since died) were tried, convicted and sentenced for offences under Sections 323, 506 and 452 read with Section 34 IPC and each of them was sentenced to undergo imprisonment for six months and to pay fine of Rs.200/- for each of the two offences under Sections 323 and 506 IPC and to undergo imprisonment for one year and to pay fine of Rs.500/- each for offence under Section 452 IPC. However, the substantive sentences of imprisonment were ordered to run concurrently.

(3.) CUSTODY Certificate of petitioner Jagmal, filed today in Court by learned State counsel, is taken on record, subject to all just exceptions. I have heard counsel for the parties and perused the case file. Counsel for the petitioners contended that the petitioners be released on probation of good conduct as they are not previous convicts. I have carefully considered the matter.