IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Revision No. 50 of 2002 Date of decision : March 10, 2009 Prem Chand and others …Petitioner Versus State of H.P. …Respondent Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 No. For the Petitioner: Mr. N.K. Thakur, Advocate. For the Respondent: Mr. P.M. Negi, Dy. Advocate General with Mr. Ramesh Thakur and R.P. Singh, Assistant Advocate Generals. Surjit Singh, Judge (Oral) This revision petition has been filed by Prem Chand and his family members, who have been convicted of offences, under Sections 325, 324 and 323 IPC read with Section 34 IPC and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.500/- each, in respect of offence under Section 325/34 IPC, to undergo rigorous imprisonment for three months and to pay fine of Rs.300/- each, in respect of offence under Section 324/34 IPC and to undergo rigorous imprisonment for one month and to pay fine of Rs.200/- each, in respect of offence under Section 323/34 IPC, and their appeal against the said conviction and sentence has been dismissed by the learned Sessions Court. Whether reporters of the local papers may be allowed to see the judgment? …2… 2. Petitioners were charged with and tried for, for the aforesaid offences on the allegations that on 12.4.1999 they all, in furtherance of their common intention, armed themselves with dandas and a Barchhi and went to the site where PW-8 Gurbachan Singh was constructing a cattle shed, with the help of PW-1 Mohinder Pal and PW-2 Kuldip Singh, and started assaulting them with those weapons. When they cried for help, Attri Devi, Bholu and Kiran, who are family members of PW-8 Gurbachan Singh came there. They too were assaulted. As a result of that assault, PW-2 Kuldip Singh sustained a number of injuries, including compound fracture of left tibia. PW-1 Mohinder Pal, PW-4 Kiran and PW-5 Atri Devi also sustained a number of simple injuries. Matter was reported to the police. After investigation, report under Section 173 Cr. P.C. was instituted against the petitioners. They were charged with the aforesaid offences and on their pleading not guilty, trial was held. On conclusion of the trial, petitioners were convicted and sentenced, as aforesaid. 3. Learned counsel representing the petitioners submits that though the evidence on record proves the assault, but the background in which the incident took place needs to be taken note of, while considering whether the petitioners should be punished or let off on probation. According to him, the site at which cattle shed was being constructed is the subject matter of a civil litigation between PW-8 Gurbachan Singh and the petitioners, and the petitioner had obtained a stay order from Civil Court, but despite that PW-8 Gurbachan Singh, with the …3… help of injured persons, wanted to construct cattle shed. My attention has been drawn, by the learned counsel, to the statements of PW-8 Gurbachan Singh, PW-2 Kuldip Singh, PW-4 Kiran and PW-1 Mohinder Pal, who admitted that a civil litigation had been going on between the parties and a stay order was also operative in favour of the present petitioners, when PW-8 Gurbachan Singh tried to construct cattle shed. 4. I find on the record of the trial Court reports of District Probation Officer, Una, in respect of all the petitioners. As per these reports, the petitioners bear good moral character, as intimated by the Pardhan and the Ward Member of the Panchayat. 5. Looking to the background of the case and also taking into account the aforesaid reports of the District Probation Officer as also the fact that PW-2 Kuldip Singh, who alone had sustained grievous injuries, turned hostile and did not blame anybody specifically for causing grievous injury, I feel that ends of justice would be met if the petitioners are released on their entering into bonds in the sum of Rs.5000/- each, with one surety each in the like amount, to appear and receive the sentence when called upon to do so, within one year and in the meanwhile to be of good behaviour and to keep peace. Consequently, the sentences awarded by the trial Court and as affirmed by the first appellate Court are set aside and the petitioners are ordered to be released on probation, in the aforesaid terms. Bonds are to be furnished within three weeks from today. However, the revision petitioners shall pay together …4… a sum of Rs.10,000/- to injured PW-2 Kuldip Singh, by way of compensation, within the same period as is fixed for furnishing bonds. Amount of fine, if any deposited, shall be refunded to the petitioners on their depositing the amount of compensation, as aforesaid. Revision petition stands disposed of. March 10, 2009 (ss) ( Surjit Singh ), J