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2002 DIGILAW 1089 (PNJ)

Sqn. Leader Gurdial Singh v. U. T. Chandigarh

2002-10-18

ASHUTOSH MOHUNTA

body2002
Judgment Ashutosh Mohunta, J. 1. The petitioners were convicted by the Judicial Magistrate 1st Class, Chandigarh, under Sections 120-B, 465, 468 and 471, Indian Penal Code, and were sentenced to undergo imprisonment under Sections 120-13, 465 and 471 each. Under Section 468 each one of them was sentenced to undergo rigorous imprisonment for a period of one year. Appeal was filed before the Additional Sessions Judge, Chandigarh, who vide judgment dated September 27, 2002 dismissed the appeal except to the extent that the sentence under Section 468, Indian Penal Code, was reduced to six months rigorous imprisonment. Present revision petition has been filed impugning both the judgments. 2. It has been stated by the learned counsel for the petitioners that after the dismissal of the appeal, the petitioners as well as the complainant have compromised the matter. 3. Mr. S.C. Nagpal, learned counsel appearing for the complainant- respondent No. 2, agrees that the matter has been compromised. 4. Mr. T.P.S. Mann, learned counsel for the petitioners, contend that the case pertains to the year 1982. The complaint was filed in the year 1984 period of almost 20 years has elapsed since the date of the occurrence. In this view of the matter, he prays that the petitioners be granted the benefit of probation. 5. After hearing the learned counsel for the parties I order that the petitioners shall be released on probation for a period of one year. During this period they shall maintain peace and be of good behaviour. They shall be released forthwith. 6. With the modification in the quantum of sentence, as indicated above, the petition is disposed of. 7. Copy of the order be given dasti.