TEJO @ TAJO AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mr. Randhawa, DAG, Punjab states that on the basis of the instructions received by him from the concerned authorities (Senior Superintendent of Police, Ferozepur), the revisionists Smt. Tajo alias Tejo wife of Fajal son of Mahanda and Smt. Khurshaid wife of Mithan son of Ajeej, both residents of village Fattuwala, Tehsil and Distt. Fcrozepur, have no previous convictions for criminal offences recorded against them. Thus, undisputed these revisionists are first offenders. The revisionists stand convicted under sections 323/325/34 Penal Code and have been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500.00 and in default of payment of fine to suffer further rigorous imprisonment for one month under sections 325/34 Penal Code and rigorous imprisonment for three months and fine of Rs.200.00 and in default of payment of fine to undergo further rigorous imprisonment for a period of 15 days.

(2.) Mr. Khera, learned Sr. Advocate representing the revisionists has contended that in this case the matter was compromised and compromise was put up in the Appellate Court which, however, did not act. The learned counsel had placed certified copy of the compromise petition which was disposed of E by the following order dated 8-10-1997:-

(3.) In view of the fact that the parties have decided to burry their differences and have desired to live amicably and peacefully and having Rs.considered and the attending facts and circumstances of the case and looking to the nature of the offence and the antecedents of the revisionists, 1 am of the considered opinion that the revisionists be extended the benefit of section 4 of the Probation of Offenders Act, 1958 (to be referred as the Act)- accordingly, while maintaining the conviction and sentence awarded to the revisionists extend benefit of section 4 of the Act and direct that they shall instead of being asked to serve out the sentence be released on probation for a period of one year subject to each one of them furnishing a personal bond for a sum of Rs. 10,000.00 and one reliable surety each in the like amount to the satisfaction of the trial Court i.e. Judicial Magistrate, IInd Class, Ferozepur and subject to further conditions that these bonds shall be filed within a period of two weeks from today and further that during the period of probation the revisionists shall keep peace and be of good behaviour. The petitioners shall, in the event of committing breach of any of the conditions shall appear before the trial Magistrate referred to above for in being sent to serve out the remaining sentence awarded to them. The revision is disposed of accordingly.