A.N. Jindal, J

The trial court, vide judgment dated 3.04.2007, convicted the accused/respondents (herein referred as the respondents) under sections 148, 323, 325 and 149 IPC and sentenced them as under:-

Name of convicts Under Sections Sentence Fine

1. Jagir Singh 148 IPC } R.I. for one year Rs.500/-, each on

2. Mahal Singh 323/149 IPC } each count

3. KashmirSingh

4. Babbu Sabba

-do- 325/149 IPC R.I. for two years Rs.1000/-, each

However, vide judgment dated 22.10.2009, the first appellate court, keeping in view the peculiar circumstances of the case without mentioning the provisions under which the benefit of probation was being granted, affirmed the conviction and modified the sentence by extending the benefit of probation. Relevant extract of the judgment passed by the learned Additional Sessions Judge is reproduced as under:-

“.....the appellants/accused are ordered to be released on probation on executing probation bond for a period of one year and for a sum of Rs.10,000/- with one surety of like amount in each case and it is ordered that the fine already ordered by the learned lower court is ordered to be treated as cost of prosecution. Thus, the appea