Khenva Ram and Others vs State of Rajasthan

N.N. Mathur, J.—Heard the learned Counsel for the petitioners. The learned Addl. Sessions Judge, Ratangarh vide judgment dated 21.1.1998 while maintaining the conviction of the petitioners for offence u/s 323 I.P.C. has granted the benefit of Section 4 of the Probation of Offenders Act. The appellate court has also directed the petitioners Khenva Ram, Om Prakash and Jetha Ram to pay each of them Rs. 500/- to the victim.

I do not find any infirmity in the order which call for interference by this Court as far as conviction of petitioners u/s. 323 I.P.C. and granting of benefit of Probation of Offenders Act. However, in the facts of the case the direction with respect to the payment of compensation by each of the accused is not proper in view of the relation between the parties. Consequently, the revision application is dismissed with the modification that order directing Khenva Ram, Om Prakash and Jetha Ram each of them to pay compensation of Rs. 500/- is quashed and set aside. The said amount deposited shall be returned to depositor.