Penal Code, 1860–Secs. 324, 452, 147 & 149 [ Corresponding Secs. 118(1), 333, 191(2) & 190 of BNS, 2023 ]–Probation of Offenders Act, 1958–Sec. 4–Appellants were of a young age at the time of commission of offence, were first-time offenders, and were convicted for the offences not punishable with death or imprisonment of life–Trial Court was duty-bound to consider the grant of probation and, in the event of denial, to record the special reasons as mandated u/s. 361 Cr.P.C.–Appellants are in their fifties, and they have suffered the ignominy and pangs of investigation, trial and uncertainty for over 33 years–Nothing adverse against them and they are not habitual offenders–Sentence is reduced up to the period of already undergone.
