Crl. Appeal No. S-1303-SB of 2002 1 In the High Court for the States of Punjab and Haryana at Chandigarh … Crl. Appeal No. S-1303-SB of 2002 Date of decision: December 14,2010 Ashok Kumar alias Shoki and others ..Appellants. Versus State of U.T.Chandigarh ..Respondent Coram: Hon'ble Mr.Justice T.P.S.Mann Present: Mr. Ashish Gupta, Advocate for the appellants. Mr. A.K.Lamdharia, Addl.Public Prosecutor for U.T.Chandigarh. ... T.P.S.Mann,J.(Oral) This appeal is directed against the judgment and order dated 30.7.2002 passed by Additional Sessions Judge, Chandigarh whereby the appellants were convicted under Sections 324/323/34 IPC and sentenced, as mentioned below:- i) Ashok Kumar appellant under Section 324 IPC to undergo rigorous imprisonment for one year whereas Raj Kumar and Sonu, appellants under Sections 324/34 IPC to undergo rigorous imprisonment for 9 months each; and ii) Raj Kumar and Sonu under Section 323 IPC to undergo rigorous imprisonment for 5 months each whereas Ashok Kumar under Section 323/34 IPC, to undergo rigorous imprisonment for 3 months. All the sentences were ordered to run concurrently. According to the prosecution, the occurrence had taken place on 1.10.1998 at about 11.00 P.M. in front of a liquor vend situated at old Crl. Appeal No. S-1303-SB of 2002 2 Ropar road, Mani Majra. Complainant Veeru, along with his friend Ballu, had gone there for taking liquor. The appellants were standing there. Ashok Kumar appellant asked his companions to remove bidi from the complainant. Raj Kumar appellant called the complainant to the place where he was standing whereafter Ashok Kumar appellant removed the bidi from the complainant. Sonu and Raj Kumar, appellants thereafter exhorted Askok Kumar appellant to catch hold of the complainant as he had been spreading rumours about them in the colony. Sonu caught hold of the complainant from his right arm while Raj Kumar from his left arm. Both of them gave fist blows to him. They also slapped the complainant. Thereafter, they exhorted Ashok Kumar to attack the complainant with the knife. Ashok Kumar whipped out a knife and intended to cause an injury in the abdominal region of the complainant. The complainant averted it by raising his arm and the blow landed in the left arm-pit of the complainant. On seeing the people collecting there, the three appellants ran away from the spot. The trial Court had charged the appellants for the offences under Sections 307/323/34 IPC. However, after recording the evidence examined by the prosecution as well as the statements of the appellants recorded under Section 313 Cr.P.C., the trial Court exonerated them of the charge under Section 307 IPC. Instead, Ashok Kumar was convicted under Section 324 IPC while Raj Kumar and Sonu under Section 324/34 IPC for causing an injury in the left arm-pit of the complainant. Similarly, Raj Kumar and Sonu were convicted under Section 323 IPC and Ashok Kumar under Section 323/34 IPC for causing fist blows and giving slaps to the complainant. Learned counsel for the appellants has not challenged the impugned judgment of conviction. However, he has submitted that the Crl. Appeal No. S-1303-SB of 2002 3 appellants were aged about 18/19 years at the time of the occurrence, which had taken place on 1.10.1998. Ever since then, they have been facing the agony of criminal prosecution. They are not shown to be previous convicts. They are the sole bread earners of their respective families. The offences for which they stand convicted entail maximum punishment for 3 years. At the time of occurrence, Raj Kumar and Sonu appellants were shown to be empty handed and had caused fist blows and gave slaps to the complainant whereas solitary injury attributed to Ashok Kumar in the left arm-pit of the complainant was found to be simple in nature. Therefore, it was a fit case for extension of benefit of probation to the appellants. Learned Additional Public Prosecutor, U.T. Chandigarh has submitted that the appellants had motive for inflicting injuries upon complainant-Veeru as they suspected him to be spreading rumours about them in the colony. The injury caused by Ashok Kumar, appellant had resulted in a stab wound in the left side of the chest wall of complainant Veeru. Therefore, none of the appellants deserves to be granted the benefit of probation. Taking into consideration the totality of the circumstances, the Court is of the view that a case is made out for extending the benefit of probation to the appellants, instead of sending them behind the bars for undergoing the sentences of imprisonment imposed upon them. Resultantly, conviction of the appellants for the various offences, as recorded by the trial Court, is maintained. Their sentences of imprisonment are set aside. Instead, they are ordered to be released on probation under Sections 360/361 Cr. P. C. on their furnishing bonds in the sum of ` 20,000/- each with one surety of the like amount to keep peace and be of good behaviour for a period of one year and to receive Crl. Appeal No. S-1303-SB of 2002 4 sentence as and when called upon to do so. While furnishing bonds, each of the appellants shall also deposit an amount of ` 7,500/- which be thereafter, disbursed to complainant Veeru as compensation. Accordingly, the appeal is disposed of. December 14,2010 (T.P.S.MANN) nk JUDGE