RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 500, in default further rigorous imprisonment for two months, under section 500 of the Indian Penal Code. An appeal was carried to the Court of Session where it filed substantially inasmuch as the sentence of imprisonment was reduced from six months to two months' rigorous imprisonment. The sentence of fine and of imprisonment in view thereof was maintained. The petitioner came up in revision. On the last date of hearing notice regarding sentences was given.

(2.) THE petitioner is alleged to have made defamatory remarks in the written statement filed by him in proceedings under section 125 of the Code of Criminal Procedure initiated by Shrimati Savitri Devi wife of the petitioner. The petitioner is not a previous convict. He is a young man of about 28 years. the has by now undergone about one month and twenty days. I think that it is a fit case where the provisions of the Probation of Offenders Act should be pressed into service. Consequently, I suspend the sentence of imprisonment of the petitioner and order that he be released on probation on his furnishing within two months to the satisfaction of the trial Court a bond in the sum of three thousand rupees with one surety in the like amount to keep the peace and be of good behaviour for a period of one year and to appear to receive the sentence when called upon to do so in the meantime. However, the fine imposed on the petitioner is converted into compensation payable to Shrimati Savitri Devi respondent. But for this modification this revision petition fails and is hereby dismissed.