Dhan Raj vs Rajesh

S.S. Grewal, J.

The accused respondents were convicted under Section 452 read with Section 34 and under Section 323 read with Section 34 of the Indian Penal Code vide order of Additional Sessions Judge, Narnaul dated 20.3.1992. Each of the accused respondents were sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 500/ each. under Section 452 read with Section 34 of the Indian Penal Code. Each of them was further sentenced to undergo imprisonment till rising of the court and to pay a fine of Rs. 500/ each under Section 323 read with Section 34 of the Indian Penal Code. In default of payment of fine each one of them was ordered to undergo imprisonment for three months. They were also sentenced to undergo imprisonment for the period for which they remained in custody during the trial. Out of the fine, if realised Rs. 2000/ was ordered to be paid as compensation to the complainant whereas the remaining amount of Rs. 2000/ was ordered to be paid as costs of the prosecution.

In brief facts relevant for the disposal of the case are that on 13.3.1991 at about 11 a.m. Dhan Ram, complainant was sitting in his shop near Higher Secondary School Kanian when Rajesh and Karan Singh accused armed with knife and lathi came there. Both of them exhorted each other to teach lesson to the complainant for submitting application to the local police against Des Raj and Rajinder accused. Meanwhile, Des Raj and Rajinder accused also came there and all of them entered the shop of the complainant. Rajesh accused opened the attack and gave a knife blow on the right thumb of the complainant whereas Karan Singh gave a lathi blow on his right hand. Des Raj accused gave a Kulharai blow on the right side of forehead with its blunt side whereas Rajinder accused gave a lathi blow on his right hand, Rajesh accused then gave a knife blow on his arm pit. On the alarm raised by the complainant, Hans Raj too was attracted to the spot and witnessed the entire occurrence. After causing the injuries all the accused ran away from the spot along with their respective weapons. The complainant went and lodged a report with the police on the same day and thereafter got himself medically examined. After completion of the investigation, the accused respondents were, challaned, tried, convicted and sentenced as stated earlier.

The State of Haryana did not file any appeal in this case. Aggrieved against the inadequate sentence awarded by the learned trial Court, Dhan Raj complainant filed the present revision petition.

The learned counsel for the parties were heard.

The main grievance of the complainant is that the accused were not convicted under Section 307 of the Indian Penal Code even though the doctor had opined that the injuries of the complainant could prove dangerous to the life of the complainant. There is no reliable evidence on the record that there was any fracture underneath the head injury of Dhan Raj complainant. The complainant was discharged from the hospital after 14 days. In view of the facts and circumstances of the present case the trial court has rightly held that no offence under Section 307 of the Indian Penal Code or under Section 307 read with Section 34 of the Indian Penal Code was made out against the accused. The accused have thus rightly been convicted under Sections 452 and 323 read with Section 34 of the Indian Penal Code.

Taking into consideration the age, antecedents, the fact that the accused have already undergone agony of trial for more than 21/2 years and the overall circumstances of the case, in my opinion, it is a fit case to give benefit of Probation of Offenders Act to the accused. The accused respondents are directed to be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of two years subject to each of them furnishing personal bond in the sum of Rs. 5000/ with one surety in the like amount each of the satisfaction of the trial court. The accusedrespondents shall undertake to receive sentence as and when called upon to do so by the trial court, to keep peace and be of good behaviour during the period of probation. Each of the accused respondents shall deposit Rs. 2000/ as compensation in the trial court and furnish the personal and surety bonds within one month from today. The fine, if already, deposited shall be adjusted towards the compensation. The entire amount of compensation shall be paid to the complainant by the trial Court.

This petition is disposed of accordingly

JUDGMENT accordingly.