LAL SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants were convicted by the learned Trial Judge for an offence under Section 148, 323/149 and 325/149 IPC and were sentenced to undergo RI as under:- Under Sections Imprisonment In default of fine 148 IPC RI for one year -- 323/149 IPC RI for one year -- 325/149 IPC RI for one year and to pay a fine of Rs.500/- each Learned counsel appearing on behalf of the appellants, at the very outset, states that he does not contest the finding on merits but would request for dilution on the point of sentence awarded by the learned Trial Court in view of the fact that the appellants faced the ordeal of trial for about four years and even present appeal has been pending since the year 2007.

(2.) I have been through the file. The finding of conviction recorded by the learned Trial Judge is relatable to the material obtaining on the file and cannot be faulted on any valid score. Apart therefrom, finding of conviction has not been contested on merits thereof. However, in view of the fact that the appellants were convicted for an offences under Section 148/323/325/34 IPC and they have undergone the ordeal of trial/appeal since the year 2003, this Court is of the opinion that interests of justice would be served if the benefit of probation is extended to the appellants. The sentence awarded to the appellants is modified accordingly to the extent that the appellants shall be released on probation on their furnishing bond in the sum of Rs.10,000/- with one surety in the like amount, for a period of one year to appear and receive sentence whenever called upon during this period and, in the meantime, to keep the peace and be of good behaviour. The appeal shall stand disposed of accordingly.