Satbir and others vs State of Haryana

K.P.S. Sandhu, J. (Oral)

The petitioners were tried, convicted and sentenced as under by the learned trial Magistrate :

Convicted under section, Sentence awarded

148 I.P.C. R.I. for one month each.

325/149 I.P.C. R.I. for six months each.

324/149 I.P.C. R.I. for six months each.

323/149 I.P.C. R.I. for three months each.

506 I.P.C. R.I. for one month each.

A fine of Rs. 50/ was imposed on each of the petitioners on all the counts, or in default of payment thereof to undergo further rigorous imprisonment for fifteen days. The substantive sentences of imprisonment were, however, ordered to run concurrently.

An appeal was carried to the Court of Session, where Hari Singh injured P.W. moved an application that he wanted to compromise the matter that there was no dispute left between him and the petitioners and that they wanted to live in peace since both the parties belonged to the same family. However, the learned Sessions Judge, due to his own whim, did not accept the compromise.

I think in the interest of good relations and peace between the parties, the learned Sessions Judge should have accepted the compromise. Consequently, I feel that the ends of justice would be amply met if the sentence of the petitioners under all the counts is suspended and they are dealt with under section 360 of the Code of Criminal Procedure. Consequently, I suspend the sentence imposed upon the petitioners under all the counts and order that they be released on probation on their entering into a bond each in the sum Rs. 3,000/ with one surety in the like amount, for a period of one year, to the satisfaction of the trial Court; undertaking to appear and receive sentence when called upon to do so during this period and in the mean time to keep the peace and be of good behaviour. With this modification this revision petition fails and is hereby dismissed.