IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Rev. No. 3207 of 2009 DATE OF DECISION : JANUARY 28, 2010 RAJESH KUMAR @ KHANNA ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Abhishek Sethi, Advocate, for the petitioner(s). Mr. Gaurav Dhir, DAG, Haryana. AJAI LAMBA, J. (Oral) This revision petition has been filed against judgment dated 21.11.2009, passed by the lower appellate court viz. Additional Sessions Judge, Panipat. The lower appellate court has confirmed the judgment of conviction and order of sentence, while dismissing the appeal of the petitioner. Learned counsel for the petitioner contends that the benefit of probation has been erroneously denied to the petitioner. Compromise between the parties could not be effected as the complainant was Criminal Rev. No. 3207 of 2009 2 demanding compensation beyond the means available with the petitioner. I have considered the contention of the learned counsel for the petitioner. The facts, as alleged by the prosecution and recorded in para- 10 of the impugned judgment, are reproduced hereunder, for reference:- “10. As the prosecution story goes on 24.01.2000 there was some altercation between Krishan Kumar complainant and Rajesh son of Narsha on the point of some payments. On 25.01.2000 when Krishan Kumar along with his brother Shiv Kumar were going to Samalkha for some personal work and when they reached in front of Singla Beri Bagh, Rajesh and Braham Singh came from the side of Beriwala Bagh along with Lathis in their hands. Krishan Kumar and his brother Shiv Kumar were stopped. Rajesh raised Lalkara that a lesson be taught to Krishan and Shiv Kumar for not giving back them money. Braham Singh inflicted injuries with his lathi on his right leg. Left arm, middle finger and waist. Rajesh inflicted injuries upon Shiv Kumar brother of Krishan. When noise was raised, Pritam son of Ram Singh and Siri Krishan son of Parkash and number of persons came from the side of the village and rescued them from clutches of the accused. .......” Dr. H.S. Randhawa, Medical Superintendent, Civil Hospital, Panipat, appeared as a witness. The said doctor radiologically examined Krishan Kumar and found fracture of both bones of the right leg. Considering the manner in which the offence was committed; repeated injuries were caused and there were two fractures on the right leg of Krishan Kumar, I do not find any fault with the sentence awarded by the courts below. In such circumstances, the prayer for release on Criminal Rev. No. 3207 of 2009 3 probation cannot be accepted. Finding no illegality in the impugned judgments, the petition is dismissed. January 28, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?