JIVAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dt. 06.10.1989 passed by Addl. Sessions Judge No. 1 Alwar in Sessions Case No. 46/86 whereby the appellant Jivan Singh was convicted under Sec. 333 IPC and sentenced to undergo 1 1/2 years RI and fine of Rs. 50/ - and in default of payment of fine further imprisonment of 10 days, and appellant Pooran Singh was convicted under Sec. 332 IPC and sentenced to suffer one year RI and a fine of Rs. 50 and in default of payment of fine to undergo 10 days imprisonment. The learned counsel for the appellants has not challenged the conviction of the appellant Jivan Singh u/s. 333 IPC and appellant Pooran Singh under Sec. 332 IPC. The learned counsel has stated that the appellants should be given the benefit of Probation of Offenders Act as was given to accused Kakka Singh by the Court below. He has further contended that the occurrence is of 23.10.1984, which is more than 28 years and they have faced the trial and appeal period during this period. The appellants are old persons and they are not habitual offenders. Mr. Pradeep Shrimal, Public Prosecutor opposed the arguments raised by the learned counsel for the appellants.

(2.) I have heard the learned counsel for the parties and considered the facts and circumstances of the case. After considering all the facts and circumstances of the case, I am of the view that ends of justice would be met in case the accused appellants are given the benefit of Probation of Offenders Act and Section 360 Cr.P.C. Consequently, this appeal is partly allowed. The conviction of the appellants Jivan Singh u/s. 333 IPC and Appellant Pooran Singh under Sec. 332 IPC is maintained, but they are given the benefit of Probation of Offenders Act and Section 360 Cr.P.C. and they are directed to submit personal bond in the amount of Rs. 20,000/ - each before the trial Court immediately for keeping peace and be of good behaviour for a period of two years and they wilt not repeat the offence of which they are accused during the period of probation.