Crl.Rev.No.953 of 2004 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.953 of 2004 Date of Decision: 28 - 5 - 2009 Prem and others .....Petitioners v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.S.K.Garg Narwana, Advocate for the petitioners. Mr.S.S.Kharb, AAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Prem, Ram Kala and Ranbir were nominated as accused in case FIR No.190 dated 17.5.1993 registered at Police Station Assandh under Sections 323, 325 read with Section 34 IPC. FIR was registered on the basis of statement made by Amar Singh. He stated that he do agriculture work. He has got one daughter and his daughter was employed as Teacher. His daughter and sons of daughter were residing with the complainant at village Balla. Due to old age, complainant was not able to cultivate his land. Complainant had given his land for sharing the produce (on batai) to Prem. Prem had sown wheat in one acre of land and Barseen (fodder for the cattle) in two acres. A night before, Prem had harvested the wheat crop of Crl.Rev.No.953 of 2004 [2] one acre of land. Complainant along with his grandson (maternal) slept in the fields. At about 12.00 in the night, accused Prem, Ram Kala and Ranbir accompanied by one young boy to whom complainant could identify in case brought before him came. They started filling the bags with the wheat lying there. Complainant woke up and requested Prem that after crop is weighed, then only he can take his half share, upon which Prem gave abuse and said that he will take the entire wheat. Saying so Prem had given a lathi blow to the complainant which hit on his fingers. Then he gave another blow of lathi to complainant Amar Singh, due to which he fell down on the ground. Thereafter Ram Kala, Ranbir and the other boy came along with them picked up the lathies. Ram Kala gave a lathi blow on his left hand elbow. Thereafter Ram Kala and Ranbir gave lathi blows on the waist of complainant. Ram Kala gave blows on the arms. Grandson of the complainant due to fear ran away from the spot to give information. It was stated that injuries were given by Prem, Ram Kala and Ranbir and thereafter started filling the what lying there in the bags. Daughter, wife and grandson of the complainant came at the spot armed with lathies, due to which accused fled away from the spot. Complainant was brought to Civil Hospital, Assandh and was got admitted there. Complainant had prayed in the FIR that legal action be taken against the accused. Complainant had suffered 12 injuries. There was dislocation at proximal I.P. Joint of right ring finger. There was fracture of 7th rib of left side. There was also fracture of base of fifth meta tarsal bone of left foot. Two Courts below relied upon the testimony of Amar Singh injured and Krishan grandson PW2 and Kamla Devi PW7. The trial Court held the petitioners guilty and convicted them for offence under Sections Crl.Rev.No.953 of 2004 [3] 323, 325 read with Section 34 IPC and sentenced them to undergo simple imprisonment for a period of three months and a fine of Rs.500/- each under Section 323 IPC. They were also sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- each under Section 325 IPC. Both the sentences were ordered to run concurrently. Aggrieved against the same, petitioners and their co-accused Rishi Pal filed an appeal. The appeal filed by co-accused Rishi Pal was allowed and that of the petitioners was dismissed by the Court of Additional Sessions Judge, Karnal. Hence, the present revision petition has been filed. Mr.S.K.Garg Narwana appearing for the petitioners has stated that the petitioners were taken into custody on 19.2.2004 and were ordered to be released on bail on 4.5.2004. He says that petitioners had undergone about 2½ months sentence, out of actual sentence of one year. Counsel further state that in the present case occurrence took place in 1993. Petitioners had suffered a protracted trial of 16 years. It is further stated that petitioners during the pendency of case has committed no offence and earlier thereto also they were not involved in any case. Counsel has further submitted that in case the petitioners are sent behind the bars, it will disturb prevailing peace in the village. Mr.Narwana further state that petitioners can compensate the injured who had suffered the injuries. Mr.S.S.Kharb appearing for the State submit that since conviction is being maintained, sentence be not reduced to already undergone but the petitioners be released on probation. I find merit in the contention raised by counsel for the State. It will be in the interest of all, if the petitioners are released on probation under the Probation of Offenders Act. It is accordingly ordered that Crl.Rev.No.953 of 2004 [4] petitioners be released on probation for a period of one year subject to their furnishing bonds to the satisfaction of the trial Court that they shall maintain peace and be of good behaviour. However, this Court cannot lose sight of the fact that injured had suffered 12 injuries, out of which three were grievous. Therefore, adequate compensation ought to be awarded to the complainant. Each of the petitioner is fastened with fine of Rs.10,000/- and in all Rs.30,000/- to be deposited by the accused be disbursed to the complainant as compensation. Costs of litigation is assessed at Rs.1,000/-. On deposit of amount of compensation and costs of litigation, petitioners will be released on probation. In case amount of fine and costs of litigation is not deposited, petitioners shall undergo the sentence awarded by the trial Court. The amount of compensation be deposited within three months from the date of receipt of a certified copy of this order. Subject to aforesaid modification in the order of sentence, petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) May 28, 2009. JUDGE RC