1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT HANUMAN AND OTHERRS VS. STATE OF RAJASTHAN. SB Criminal Revision Pet. No. 457 OF 1998 under Section 397 read with section 401 Cr.P.C. against the order dated May 13, 1998 of Sessions Judge Jaipur District Jaipur in Sessions Case No. 45 of 1994 and 95 of 1995 whereby the accused petitioners were acquitted of the offence under sections 148, 325, 328/149, 325/149 and 307/149 IPC and convicted for the offence under sections 147 IPC and sentenced to rigorous imprisonment for 3 months and fine of Rs. 100/- and in default to suffer simple imprisonment for 15 days and under sections 323/147 IPC sentenced to suffer one month rigorous imprisonment and fine of Rs. 50/- and in default of payment of fine to suffer further rigorous imprisonment for seven days and all the sentences were ordered to run concurrently. Fine if deposited was ordered ordered to be given Gopiram and Ramjilal in proportion of 50:50. Date of Order : April 9, 2009 PRESENT HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Kanta Prasad Sharma, for the petitioners. Mr. Pradeep Shrimal, Public Prosecutor. BY THE COURT : This revision petition has been filed by the petitioners against the order dated May 13, 1998 of Sessions Judge Jaipur District Jaipur in Sessions Cases No. 45 of 2 1994 and 95 of 1995 whereby the accused petitioners were acquitted of the offence under sections 148, 325, 328/149, 325/149 and 307/149 IPC and convicted for the offence under sections 147 IPC and sentenced to rigorous imprisonment for 3 months and fine of Rs. 100/- and in default to suffer simple imprisonment for 15 days and under sections 323/147 IPC sentenced to suffer one month rigorous imprisonment and fine of Rs. 50/- and in default of payment of fine to suffer further rigorous imprisonment for seven days and all the sentences were ordered to run concurrently. Fine if deposited was ordered ordered to be given to Gopiram and Ramjilal in proportion of 50:50. 2. Without going into the merits of the case the learned counsel for the petitioner has not challenged the conviction part of the judgment of the Sessions Judge whereby the accused petitioners were convicted for the offence under sections 147 IPC and sentenced to rigorous imprisonment for 3 months and fine of Rs. 100/- and in default to suffer simple 3 imprisonment for 15 days and under sections 323/147 IPC sentenced to suffer one month rigorous imprisonment and fine of Rs. 50/- and in default of payment of fine to suffer further simple imprisonment for seven days. The learned counsel drawn the attention of this court that the accused petitioner Hanuman remained in judicial custody for 15 days and other accused petitioners namely Kalu, Dholu, Jagdish, Kajod, Gopal and Bhagwan remained in judicial custody for 9 days. The age of accused petitioners Kalu and Dholu is more than 75 years and other accused petitioners are having children of marriageable age. The learned counsel requested that the accused petitioners be given the benefit of Probation of Offenders Act or provisions of Section 360 Cr.P.C. and if not then their period of sentenced be reduced to the period of sentence already under gone by them in confinement in the interest of justice. The learned Public Prosecutor opposed this submission. The incident in the instant matter took place on January 16, 1994. In these circumstances while maintaining the conviction of the accused 4 petitioners under sections 147 IPC and 323/147 IPC, their sentence is reduced to the period already under gone by them. The petitioners are on bail, their bail bonds stands canceled and they need not surrender. 3. For these reasons, the conviction of the accused petitioners under sections 147 IPC and 323/147 IPC, is maintained and their sentence is reduced to the period already under gone by them. Since the petitioners are on bail they need not to surrender and their bail bonds stand discharged. As the main petition has been disposed the stay application also stands disposed. (Mahesh Chandra Sharma) J. OPPareek/