IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. 314 of 2008 Date of decision : August 06, 2009 Javed ....Petitioner versus State of Haryana and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Ms Monisha Lamba, Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana for respondent no. 1 Mr. R.M. Singh, Advocate, for respondent nos. 2 and 3 L.N. Mittal, J. (Oral) Respondent Nos. 2 and 3 were tried in FIR No. 278 dated 10.8.2006, under sections 323, 324, 307, 506 read with section 34 IPC, Police Station Sadar Ballabgarh, District Faridabad. Learned Additional Sessions Judge, Faridabad vide judgment dated 17.11.2007 convicted respondent nos. 2 and 3 for offence under section 324 read with section 34 IPC only and not under section 307 read with section 34 IPC and vide order dated 20.11.2007 granted benefit of probation to the convicts and also directed them to pay Rs 2000/- each as compensation for the injured petitioner and Rs 250/- each as costs of the proceedings. Feeling aggrieved, injured-complainant Javed has filed this revision petition assailing acquittal of respondent nos. 2 and 3 under section 307 IPC read with section 34 IPC and their release on probation. Criminal Revision No. 314 of 2008 -2- I have heard learned counsel for the parties and perused the case file. According to the medical evidence, there was incised wound of the size 2.5 x 1 cm. just above the right nipple. Depth of wound could not be measured due to pain. On X-ray examination collapse lung right side with fluid level was found. Chest tube was inserted on right side. Surgeon opined that the injury was dangerous to life. Having carefully perused the entire record, I am of the considered opinion that in exercise of revisional jurisdiction, respondents cannot be convicted for offence under section 307 IPC for which they have already been acquitted by the trial court. However, compensation awarded to the injured-complainant by trial court is inadequate keeping in view the nature of injury as noticed hereinabove. Accordingly, I am of the considered opinion that ends of justice would be met if the amount of compensation is enhanced. Learned counsel for the parties also agreeable to the same after seeking instructions from their respective parties. Accordingly, the revision petition is disposed of by directing respondent Nos. 2 and 3 to pay Rs 15,000/- each as additional compensation to the injured-petitioner (in addition to compensation of Rs 2000/- each as directed by the trial court). The aforesaid compensation amount shall be deposited by respondent Nos. 2 and 3 with the trial court within two months from today and trial court shall disburse the same to the injured-petitioner. ( L.N. Mittal ) August 06, 2009 Judge 'dalbir'