HARI SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE revision, has been filed by the six petitioners against the judgment of the learned Sessions Judge, Shri Ganganagar dated 21 -8 -1980, by which their appeal against the judgment of the learned Munsif & Judicial Magistrate, Sri Karanpur, dated 5 -8 -1973 had been partly rejected. The learned Munsif and Judicial Magistrate had convicted the appellants Hari Singh, Sukhdeo Singh, Amrit Singh Milkha Singh, Hardeep Singh and Sajan Singh under Section 147 IPC and sentenced them to three month's R.I. each with a fine of Rs. 100/ - each He had further convicted them under Section 447, IPC and sentenced them to two month's R.I. and a fine of Rs. 150/ - each He also convicted appellant Hari Singh under Section 324 IPC and sentenced him to six month's R.I. and a fine of Rs. 200/ -. He also convicted accused Hardeep Singh under Section 27 of the Indian Arms Act and sentenced him to one month's R.I. and a fine of Rs. 100/ - On appeal, the learned Sessions Judge acquitted Hardeep Singh from the charge under Section 27 of the Indian Arms Act. He however, maintained the convictions of the appellants under Section 147 and 447 IPC as also the conviction of appellant Hari Singh under Sections 324 IPC but reduced the sentences under Section 147 and 447 IPC to one month's R.I. each and he further reduced the sentence of Hari Singh under Section 324, IPC from six months R.I. to three month's R.I. Aggrieved of the part dismissal of their appeal, the appellants have come up before this Court.

(2.) I have heard the learned Counsel for the petitioners and the learned P.P. and have gone through the record.

(3.) LOOKING to the circumstance, namely, that there was a dispute about land which earlier had been allotted on temporary basis to Smt. Banti but latter had been allotted permanently to Hari Singh, that the incident had taken place as far back as on 11 -5 -1974 and that only a minor injury had been caused to Smt. Banti although accused are said to have been armed with guns and a sword, I am of the opinion that now at this stage of the case, the accused need not be sent to jail and it will be in the interest of justice to grant them the benefit of probation.