Seeta Singh and Gurudeo Singh vs State of Rajasthan

Kishore Singh Lodha, J.—The two petitioners Seeta Singh and Gurdeo Singh have been convicted and sentenced as under by the trial Court:

On their appeal, their convictions were maintained but the sentences have been reduced by the learned Sessions Judge as under:

Not satisfied they have come up before this Court in revision.

I have heard the learned Counsel for the petitioners and the learned Public Prosecutor and have gone through the judgment of both the courts below.

The learned Counsel for the petitioners has not challenged the convictions of the petitioners but prayed that their sentences may be reduced or they may be given benefit of probation. Looking to all the facts and circumstances of the case I am inclined to grant probation to petitioners.

The incident had taken place on 4-1-1979. More than 8 years have already passed. Injuries caused are not of a very serious nature. The incident had taken place on account of the earlier dispute between the parties with regard to the poisoning of a dog. The accused had already undergone about 22 days. After the passage of such a long time from the date of the incident, it would not be in the interest of justice to retain the accused persons in jail any more. It would be proper that they may be released on probation.

I, therefore, partly allow this revision and the convictions of the petitioners as aforesaid are set aside. They are not sentenced to any punishment forthwith but both of them shall be released on each of them entering into a bond in the sum of Rs. 5000/- (Rs. five thousand) with two sureties in the sum of Rs. 2500/- each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Hanumangarh to appear and receive sentence whenever called upon to do so within a period of two years and to maintain the peace and be of good behaviour in the meantime. It is further directed that each of the petitioners shall pay a sum of Rs. 500/-by way of compensation to the injured Munshi Singh.