1. This criminal revision under section 397/401 of CrPC has been filed against the judgment and sentence dated 29.1.2021 passed by Second Additional Judge to the Court of First Additional Sessions Judge Datia in Criminal Appeal No.43/2017, arising out of the judgment and sentence dated 19.7.2017 passed by JMFC, Datia in Criminal Case No. 151/2016 by which the applicants have been convicted under section 325 read with section 34 of IPC and have been sentenced to undergo the rigorous imprisonment of six months with a fine of Rs.500/- with default imprisonment.

2. This Court, by order dated 8.2.2021, had observed that there is a very little scope of interference in the merits of the findings of the Trial Court as well as the Appellate Court. Accordingly, the Counsel for the applicants had prayed for some time to argue on the question as to whether the benefit of probation under section 360 of CrPC or under the Probation of Offenders Act, 1958 is admissible to the applicants who happen to be aged about 60 years and 26 years respectively or not?

3. Thereafter, on 16.2.2021, the State Counsel was directed to seek instructions as to whether the applicants have any criminal antecedents or p