O R D E R

1. Leave granted.

2. Heard the learned counsel appearing for the parties.

3. The appellants have preferred an appeal against their conviction rendered under Section 324 read with Section 34 of the Indian Penal Code , 1860, whereby they were sentenced to undergo rigorous imprisonment for a period of three years, and the payment of a fine of Rs.1,000/- each.

4. We had issued a notice, limited to the aspect of modifying the sentence imposed upon the appellants, by due application of the provisions contained under the Probation of Offenders Act , 1958 read with the Bharatiya Nagarik Suraksha Sanhita, 2023 vis-a-vis the then existing Code of Criminal Procedure, 1973.

Signature Not Verified Digitally signed by SWETA BALODI Date: 2025.05.30 5. The learned counsel appearing for the respondent –

16:45:25 IST Reason:

State submitted that the Probationary Officer has recommended the release of the appellants.

6. We are inclined to modify the sentence by also taking into consideration the age of the appellants, who are 85 years and 67 years of age, respectively.

7. Accordingly, the conviction stands c