JUDGMENT 1. - Admit. Heard learned Counsel for the petitioner and learned public prosecutor.This revision is directed against the judgment of the learned Sessions Judge, Sikar dated June 19, 1978. The accused petitioners Ramnath and Bodu have been sentenced under section 325 IPC to four months simple imprisonment and a fine of Rs. 200/- and in default of payment of fine to further one months simple imprisonment. Accused petitioners Ramnath, Bodu and Keta have also been convicted under section 323 IPC and sentenced to pay a fine of Rs. 200/- each and in default of payment of fine to undergo one months simple imprisonment. 2. The brief facts of the case, which are relevant for the disposal of this revision petition are that a free fight took place on August 16, 1973. Counter reports of the incident were lodged by both the parties. It Is said that fight took place when the accused petitioners started demolishing the wall of their field. 3. The learned trial court convicted and sentenced the accused petitioners as stated above. The appeal filed by the petitioners did not meet with any success. 4. The learned counsel for the accused petitioners has only argued the revision petition on the quantum of sentence and the provisions of section 360 Cr. P. C. have not been taken into account. The injury report and the statement of the medical officer have been seen. Under section 361 Cr. P. C. the learned lower court ought to have Stated the reasons as to why the benefit of section 361 Cr. P. C. cannot be extended in this case. Looking to the entire facts and circumstances of the case it does not appear unreasonable to extend the benefit of section 360 Cr. P. C. to the accused petitioner. They are neighbours, belong to the same village and the extension of benefit of section 360 Cr. P. C. may help in restoring cordial relations. It has not been stated that the accused petitioners are previous convicts, nor they have such antecedents which render them disqualified from receiving the benefit of section 360 Cr. P. C. In these circumstances the conviction of the accused petitioner is sustained. They shall be released on probation if each one of them executes a personal bond for a sum of Rs. 2,000/- together with a surety in the like amount to the satisfaction of the learned Addl.
P. C. In these circumstances the conviction of the accused petitioner is sustained. They shall be released on probation if each one of them executes a personal bond for a sum of Rs. 2,000/- together with a surety in the like amount to the satisfaction of the learned Addl. Munsif and Judicial Magistrate, Sikar, to be of good behaviour and to maintain peace for a period of two years with an under taking that they shall keep present themselves before the trial court to receive the sentence when ever called upon to do so.Order accordingly. *******