JUDGMENT 1. 1. The above appeals have been preferred against the judgment dated 23.6.1995 passed by the learned Addl. Sessions Judge, Banswara whereby the appellants have been convicted Under section 411 Indian Penal Code and sentenced to undergo 30 months R.I. and a fine of Rs. 100/- or in default to undergo 15 days R.I. 2. The appellants were tried for the charges Under Sections 302/34 & 201 Indian Penal Code but they have been acquitted of these charges and have been convicted and sentenced as stated above. It is not necessary to state the facts of the case because the learned counsel of the appellants has not advanced any arguments on the merit of the conviction Under Sections 411 Indian Penal Code. I have perused the impugned judgment and I also come to the conclusion that the offence Under section 411 Indian Penal Code has been proved against the appellants beyond reasonable doubt. Therefore, I agree with the findings arrived at by the learned trial Court and upheld the conviction of the appellants Under section 411 Indian Penal Code. 3. Learned counsel for the appellants has argued that the appellants should be released on probation of good conduct Under section 4 of the Probation of Offenders Act, 1958. It is argued that the offences Under Sections 302/34 and 201 Indian Penal Code have not been proved against the appellants. More than six years have been elapsed from the date of occurrence. The appellant Roopa has remained in jail for about one year eight months and twenty one days. The appellant Kana has also remained in jail for about one year three and half months. It is further argued that if it is not deemed proper to release the appellants on probation then their sentence may be reduced to already undergone. Learned Public Prosecutor has opposed the reduction of the sentence. 4. I have considered the rival contentions and keeping in view the overall facts and circumstances of the case as mentioned above, I am of the view that the appellants should be released on probation Under section 4 of the Probation of Offenders Act, 1958. 5. In the result, the appeals are partly accepted. The impugned judgment convicting the appellants of the offence Under section 411 Indian Penal Code is upheld.
5. In the result, the appeals are partly accepted. The impugned judgment convicting the appellants of the offence Under section 411 Indian Penal Code is upheld. Instead of serving the remaining sentence, it is hereby ordered that the appellants are given the benefit of probation Under section 4 of the Probation of Offenders Act, 1958, The appellants be released on furnishing a pergonal bond of Rs, 5,000/- and a surety in the like amount each to the satisfaction of learned Addl, Sessions Judge, Banswara with the stipulation that they will maintain peace and be of good behaviour for a period of two years and also shall undergo the sentence passed against them whenever called upon to do so.Appeal Partly Allowed. *******