IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 991-SB of 1997 Date of decision: 22nd January, 2010 Harjit Singh @ Appal and another … Appellants Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. B.R. Vohra, Advocate for the appellants. Ms. Hem Lata Balhara, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present appeal has been filed by Harjit Singh @ Appal and Gurbachan Singh @ Baboo. They were tried in case FIR No.41 dated 29.03.1991 registered at Police Station Chhachhrauli under Sections 324, 506, 307, 34 IPC. The appellants were charged for offence under Section 307 IPC by the Court of Additional Sessions Judge, Jagadhri, who acquitted them under Section 307 IPC but held them guilty for offence under Section 324 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- each, in default of payment of fine to further undergo rigorous imprisonment for three months. Counsel for the appellant has stated that in the present case Vijay Kumar had suffered stab wound on the back of his chest. Vijay Kumar had appeared as PW-7 and the testimony of Vijay Kumar has been Criminal Appeal No.991-SB of 1997 duly corroborated by PW-5 Ram Kumar. Leaned counsel has further stated that he is conscious that the injured will be the last person to falsely implicate anybody, therefore, he cannot dislodge the findings of conviction recoded by the trial Court. Learned counsel has prayed in the alternative that taking into consideration that the occurrence had taken place on 28th March, 1991 and about 19 years are going to elapse, appellants be released on probation. Counsel has submitted that when the appellants were charged, they were aged 20 and 23 years respectively. The alleged offence was committed by the accused in their youth without understanding the gravity and consequences. Counsel has further submitted that appellants are now leading a life of peaceful, honest and law abiding citizens and they have committed no other offence in the last 19 years. Taking into consideration that the appellants have suffered mental pain and agony of protracted trial for about 19 years, their age, antecedents and the fact that in the last 19 years they may have entailed themselves with many responsibilities of the family, this Court is of the view that ends of justice will be fully met in case an opportunity is granted to the appellants to reform themselves and rehabilitate as good citizens. Therefore, both the appellants are ordered to be released on probation under Probation of Offenders Act for a period of one year. They shall furnish personal and surety bonds to the satisfaction of Chief Judicial Magistrate, Yamunanagar at Jagadhri with undertaking to maintain peace, good conduct and behaviour for a period of one year, failing which they will be called upon the serve the sentence awarded by the trial Court. The cost of litigation qua each accused is assessed as Rs.15,000/-. Personal/surety bonds and the cost of litigation shall be deposited by the appellants within 2 Criminal Appeal No.991-SB of 1997 three months from today and the cost of litigation so deposited shall be disbursed to the injured as compensation. With the observations made above, present appeal is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE January 22, 2010 rps 3