JUDGMENT 1. - This is an appeal directed against the judgment and conviction passed against the accused appellants by the learned Sessions Judge, Churu dated 3-5-1989. 2. The brief facts of the case are that on the intervening night of 6th and 7th April, 1977 at 1 A.M a report was lodged by one Sugma Ram at police station, Doongargarh to the effect that he had gone to village Parsaneu and returned to his village in the right. While coming to his village he went to the house of Daluram and there he found that mother of Tiku Ram injured was sitting. She informed him that in the evening these five accused persons came to her house and belaboured Tiku Ram with lalhi and took him to the house of Kumbharam and confined him there. It is alleged that she asked him to file a report with the police. Sugnaram went to his truck to file this report at the police station Sugnaram filed the report Ex. P. 1 disclosing the aforesaid allegations and on that basis, the report Ex. P1 was registered. On receipt of this information, Jaswant Singh, H.C. went to spot and to the house of Kumbharam, which is Said tote about 14 kms away from the police station. There he found the door of the house of Kumbharam closed. He heard the agony of the injured and he found that there were number of injuries on the person of injured Tikuram and blood was oozing out. The injured was immediately put in the truck and removed to the Hospital. The injury was admitted in the Hospital and PW 6 Dr. Nathmal Dugar as examined the injuries of the injured Tikuram, It is alleged that the injured had received 16 injuries on his person and out of them one was grievous. The injured was also advised X-ray and it was found he had a fracture of the right radius. During the course of investigation, it was revealed that the injured Tikuram had illicit relations with Mst. Malki wife of accused Kumbharam. it is alleged that PW 4 Tikuram injured disclosed that on 6-4-1977 when he was returning from his field in the evening. Dhanna Ram s/o Ganguram, Udaram and Kumbharam came out of the house of Dhannaram s/o Ganguram, Kumbharam was armed with lathi. Malki wife of accused Kumbharam. it is alleged that PW 4 Tikuram injured disclosed that on 6-4-1977 when he was returning from his field in the evening. Dhanna Ram s/o Ganguram, Udaram and Kumbharam came out of the house of Dhannaram s/o Ganguram, Kumbharam was armed with lathi. Dhanna Ram and Udaram caught hold of him and Kumbharam started belabouring him with the lathi. Thereafter, he was dragged to the house of Dhannaram. It is alleged that he cried for help. On hearing the cries of injured Tikuram, PW 3 Malu Ram Nai and Dhannaram Jat PW 5 came to his rescue. Thereafter, Dhannaram son of Koduram end Ramuram also came there. Ramuram had a Kulhari, whereas Dhannaram s/o Kodu Ram Was armed with a lathi. It is alleged that Ramuram gave a Kulhari blow on Tikuram's right leg and Dhannaram s/o Koduram gave him beating with lathi. It is further alleged that at the house of Udaram all those 5 accused persons gave him beating. Thereafter, Kumbharam was taken to the house of Kumbharam and belaboured him there and thereafter confined Tikuram in a Sal. 3. During the course of investigation the clothes of the injured Tikuram were also taken into custody and were sealed. 4. After close of the investigation, the police filed a challan against all the 5 accused persons Under Sections 147, 148, 149, 307, 367, 324, 323, and 342, IPC. 5. The learned Chief Judicial Magistrate ultimated committed the case to the Court of Sessions. 6. The learned Sessions Judge charged the accused Udaram, Dhannaram s/o Ganguram and Kumbharam Under Sections 147, 325/149, 324/149, 367 and 342 IPC; Ramuram Under Sections 147, 325/149, 324/149, 324, 367, 342 IPC and Dhannaram s/o Koduram Under Sections 147, 324/149, 325/149, 325, 367 and 342 IPC. 7. The prosecution in support of its Case examined as many as 9 witnesses. The defence also examined two witnesses. 8. The learned Sessions Judge after due trial, convicted the accused appellants as aforesaid. Hence, the present appeal. 9. I have heard learned Counsel for the appellants and the learned Public Prosecutor and have also perused the record. 10. 7. The prosecution in support of its Case examined as many as 9 witnesses. The defence also examined two witnesses. 8. The learned Sessions Judge after due trial, convicted the accused appellants as aforesaid. Hence, the present appeal. 9. I have heard learned Counsel for the appellants and the learned Public Prosecutor and have also perused the record. 10. According to the prosecution, the injured Tikuram was belaboured by these five accused persons and in support of its case the prosecution examined PW 2 Daluram and eye witness and Tikuram as PW 4 the victim himself, and PW 3 Maluram, PW 5 Dhannaram and PW 9 Purna Ram. All these witnesses have supported the prosecution story and the version given out by the injured Tikuram PW 4. Though the cause of causing these injuries to Tikuram was that Tikuram is alleged to have an illegal intimacy with the wife of accused Kumbharam. This was being protested by Kumbharam at number of times, but without any result. Therefore, these accused persons way laid the injured and administered the beating. Though PW 4 Tikuram desied to have any illegal intimacy with Mst. Malki wife of accused Kumbharam, but, his cross-examination when he was confronted with his police statement where in he has deposed about the so-called intimacy with wife of Kumbharam, he admitted that it is Mst. Malki who is responsible for this. Thus, the reason for giving this beating was the immoral act of PW 4 Tikuram. Thus, in this back-ground, the whole prosecution case has to be viewed. 11. So far as the beating of Tikuram is concerned, the same is established from the statement of Tikuram and PW 2 Dalu and PW 3 Maluram Therefore, so far as belabouring of the injured Tikuram by the accused persons is concerned, it is well established. Since the prosecution has established from cogent evidence that these accused persons have participated in the beating, therefore, the conviction of the accused appellants cannot be doubted. 12. Since the prosecution has established from cogent evidence that these accused persons have participated in the beating, therefore, the conviction of the accused appellants cannot be doubted. 12. Now, the only question which remains is whether all these persons should be sent back to jail after 12 years of the incident and looking to the immoral act of the injured Tikuram It is no gain saying that even if Tikuram has developed an illegal intimacy with the wife of accused appellant Kumbha Ram there in that case the accused appellants cannot take upon themselves to fake law in their own hands and gave beating to Tikuram so as to teach him a lessen. They should have taken the legal recourse for such immoral act of Tikuram. But at the same time, I cannot lose sight of the back-ground, which has led to this unfortunate incident. It is a redeeming feature for awarding the sentence to the accused persons. 13. Learned Counsel for the appellants has submitted that the incident is of the year 1977 and today we are in the year 1989 and 12 years have elapsed since then also looking to the immoral act of the injured Tikuram the accused persons should not now be sent to jail. Learned Counsel also submitted that the accused persons may be given benefit of the provisions of Section 360 Cr. PC and may be released on probation. 14. I am inclined to accept the contention of the learned Counsel for the appellants because of the immoral conduct on the part of the injured Tikuram PW 4. I think the accused persons are entitled to the benefit of probation. The conviction of the accused appellants is confirmed and instead of sending them to jail I release them on probation on their entering into a bond in the sum of Rs 2000/- and surety in the like amount to the satisfaction of the trial court to appear and receive the sentence as and when called upon to do so during a period of one year and in the meantime to keep peace and be of good behaviour. 15. In the result, the appeal is allowed in part, as indicated above. The appellants are on bait, therefore, they are not to surrender. Their bail-bond shall stand discharged. 15. In the result, the appeal is allowed in part, as indicated above. The appellants are on bait, therefore, they are not to surrender. Their bail-bond shall stand discharged. The appellants should submit the bonds as aforesaid in the trial court within a period of one month from today.Appeal partly allowed. *******