ORDER
Viney Mittal, J.
1. The present petition has been filed by the petitioners – Gurmail Singh and Mangal Singh sons of Sucha Singh challenging the judgement dated March 19, 1991 passed by the learned Additional Sessions Judge, Faridokot, whereby the appeal filed by the petitioners against the judgment dated July 4, 1989 passed by the learned Judicial Magistrate First Class, Moga has been dismissed and the conviction of the petitioners under Section 326 and 326/34 of the Indian Penal Code has been maintained. However, the learned Additional Sessions Judge, Faridkot while disposing of the appeal reduced the sentence awarded to the petitioners to rigorous imprisonment for 9 months only.
2. As far as conviction of the petitioners is concerned. I find that the prosecution has been able to lead cogent evidence in proving the guilt of the accused beyond all reasonable doubts. Gurdev Singh injured has appeared as PW-3 and has supported the prosecution version. Besides this, Dr. Tejinder Kumar Gupta PW1, Dr. Asha Goyal PW2, Bhajan Singh PW4 and HC Mangat Singh PW5 have also appeared and proved the prosecution version. Nothing has been shown on the record that the prosecution version suffers from any infirmity or that the version of the prosecution has not been proved beyond all reasonable doubts.
3. Accordingly, the conviction of the petitioners is hereby maintained.
4. As far as the sentence awarded to the petitioners, is concerned; as per the prosecution version itself, the occurrence had taken place on March, 14, 1986 i.e. about 16 years back. The petitioners have apparently suffered a long and protracted trial. Even the present revision petition has remained pending in this Court for a period of more than 11 years. The petitioners were granted concession of bail vide this Court’s order dated April 11, 1991. The learned State counsel has also not been able to show that the petitioners have ever misused the concession of bail, after they had been released on bail.
5. Keeping in view the facts and circumstances of the case, the interest of justice would be met if the order of sentence imposed upon the petitioners is set aside and they are ordered to be released on probation.
6. Accordingly, I set aside the order of sentence awarded to the petitioners and direct that the petitioners be released on probation on their furnishing bond in the sum of Rs. 10,000/- each with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Faridkot with an undertaking to keep peace and be of good behaviour for a period of one year and to appear and receive sentence during the said period if and when called upon to do so.
7. With the above modification, the present petition is disposed of.