KIRORI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This re vision Petition has been filed by the petitioners challenging the conviction order read by the judgment of the learned Additional Sessions Judge, Gangapur City whereby the learned judge upheld the conviction of two petitioners Kirori and Magan under Sec. 323, I.P.C. ordered by the Additional Munsiff Magistrate, Hindaun, However, the petitioners have been acquitted of the offence punishable under Sec. 147 I.P.C. for which each one them was sentenced to 6 months R.I. The sentence awarded under Sec. 323 I.P.C. to each one of them was only 2 months R.I. It may be mentioned here that 3 other co -accused were acquitted by the learned Additional Sessions Judge for all the charges levelled against them including the charged under Sec. 452 I.P.C. This occurrence had taken place in the year 1972 and since them the petitioners have constantly been facing the results of criminal proceedings by the criminal courts. It is submitted that the petitioners have now started living in peace and amity, and therefore no useful purpose would be served by sending the accused petitioners Kirori and Magan to jail after 5 years of the incident.

(2.) Looking to the time leg between the incident and the final judgment, I am of the opinion that justice would be served if both the petitioners Kirori and Magan are given the benefit of probation of offenders Act. While maintaining the conviction under Sec. 323 I.P.C., I order that Kirori and Magan petitioners will not serve the sentence of imprisonment of 2 months R.I. if each one of them executes a personal bond for Rs. 1000/ - (one thousand) and furnishes a surety in the like amount to keep peace and be of good behaviour for a period of one pear from the date of executing the personal bond and the surety is furnishes.

(3.) The Revision Petition is accordingly decided. Petitioners are directed to execute the personal and surety bonds within 2 months from the date of order. Petitioners may be informed accordingly.