Criminal Revision No.611 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 611 of 1994 Date of decision: February 07, 2008 Jiwan Lal and others … Petitioners Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sandeep Mann, Advocate for Mrs.Baljeet Mann, Advocate for petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State KANWALJIT SINGH AHLUWALIA, J. (Oral) Mr.Sandeep Mann at the outset has stated that he will not contest the conviction and accept the findings of the courts below, whereby it was held that the accused are guilty. In the present case, Hardish Kumar PW-1 and Nirmala Devi PW-3 are injured witnesses. Courts below have believed their testimony. In revisional Court same cannot be re-appreciated. No infirmity or illegality has been pointed out, rather counsel has accepted conviction. Mr.Mann has stated that as per the trial Court judgment, in the head note the age of Rattan Lal is 20 years and that of Deepak Kumar is 19 years and they were entitled to be released on probation under the Probation of Offenders Act being below the age of 21 years. Petitioners Criminal Revision No.611 of 1994 2 have been convicted for the offence under Section 324 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.200/-. In default of payment of fine, to undergo three months. They have further been convicted under Section 323 to undergo six months rigorous imprisonment and to pay a fine of Rs.100/-. In default of payment of fine, to undergo one month. Both sentences were ordered to run concurrently. Occurrence in the present has taken place on 27th January, 1990. A period of 18 years has elapsed. The age of Jiwan Lal as recorded is 48 years and now he is above the age of 60 years. Whereas, other two accused who were less than 21 years of age have fastened themselves with the liability of marriage and children. It is stated that they are sole bread earners of their family. Mr.Mann has further stated that in last 19 years petitioners have committed no offence. Taking into account antecedents of the accused, their age, protracted trial and the fact that they had caused simple injury, it will be appropriate to release them on probation under Probation of Offenders Act. Accordingly, it is ordered that on furnishing bonds to the satisfaction of Chief Judicial Magistrate, Bathinda to maintain peace and good conduct for a period of one year, petitioners will be released on bail. However, each accused will pay Rs.15000/- as cost of litigation. The cost of litigation shall be deposited on or before 7th May, 2008. Non deposit of cost by the petitioners shall be considered as dismissal of the present revision petition. [Kanwaljit Singh Ahluwalia] Judge February 07, 2008. rps