Criminal Revision No. 1159 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1159 of 2009 Date of decision: 14th May, 2009 Rajender and others ......Petitioners Versus State of Haryana and another ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ashwani Gaur, Advocate for the petitioners. Mr. Ajay Chaudhary, DAG, Haryana for respondent no. 1. Mr. Vivek Goyal, Advocate for respondent no. 2. RAJIVE BHALLA, J.(Oral) The petitioners challenge their conviction under Section 323 read with Section 34 of the Indian Penal Code and also their sentence of six months imprisonment, awarded by the learned Judicial Magistrate Ist Class, Kurukshetra as affirmed in appeal by the learned Additional Sessions Judge Kurukshetra. On 5.05.2009 on a request by counsel for the petitioners notice was issued on the quantum of sentence and/or the question of grant of probation. Counsel for the petitioners submits that petitioner no. 1 and 2 work as plumbers, whereas, petitioner no. 3 is the wife of petitioner no. 1. Petitioners no. 1 and 3 have four children, aged between seven to seventeen years whereas, petitioner no. 2 has three children, aged seven, four and 2 ½ years. It is further submitted that Criminal Revision No. 1159 of 2009 2 though petitioners no. 1 and 2 work as plumbers, they are daily wagers dependent upon the intermittent nature of their work. It is prayed that in case the petitioners are directed to undergo the remainder of their sentence, their children would be rendered destitute as they have no other means to support. He further submits that the petitioner no. 3 is a house wife. The petitioners are first offenders and do not have any previous criminal record. The injuries inflicted are simple in nature. The petitioners have already undergone 17 days of actual imprisonment and by the time they are released on probation they would undergo at least another ten days of imprisonment. Counsel for the complainant-respondent no. 2, however, states that though the injuries are simple in nature the petitioners be directed to compensate the complainant. Counsel for the State of Haryana does not oppose the prayer for release of the petitioners on probation and accepts that there is nothing to suggest that the petitioners are previous convicts or have any previous criminal record. I have heard counsel for the parties on the quantum of sentence and release on probation. As the counsel for the petitioners has foregone challenge to their conviction, the findings recorded by the courts below convicting the petitioners are affirmed. Petitioners no. 1 and 3 are husband and wife and have four minor children aged between 7 to 17 years. Petitioner no. 3 on the other hand has three minor children aged seven, four and 2 ½ years. Petitioners no. 1 and 2 are plumbers and are dependent upon the intermittent nature of their work. The petitioners are first offenders and do not have any previous criminal record. The injuries inflicted are simple in nature. The petitioners have already undergone 17 days of actual Criminal Revision No. 1159 of 2009 3 imprisonment. The injuries inflicted are simple in nature. Consequently, taking into consideration the totality of the circumstances referred to hereinabove, and while upholding the conviction and sentence imposed upon the petitioners, the sentence is modified to the extent that instead of undergoing the remainder of the sentence, the petitioners are directed to be released on probation on executing bonds to the tune of Rs. 15,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Kurukshetra. The petitioners are, however, directed to pay Rs. 15,000/- as compensation to the complainant before the Chief Judicial Magistrate, and prior to their release on probation. This revision petition stands disposed of accordingly. [RAJIVE BHALLA] JUDGE 14th May, 2009 Skaushik