In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 137 of 2009 Date of Decision:April 18, 2009 Narender Kumar ---Petitioner versus Suraj Bhan and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Babbar Bhan,Advocate, for Mr. Vinod S.Bhardwaj, Advocate for the petitioner *** SABINA, J. Respondents No. 1 to 4 were tried for an offence under Section 323, 427, 452/34 of the Indian Penal Code (hereafter referred to as “IPC”) in complaint titled as “Narender Kumar vs. Suraj Bhan and others” by Additional Chief Judicial Magistrate, Rewari. Vide judgment dated 12.6.2004, respondents No. 1 to 4 were convicted for an offence under Sections 323/ 452/427/34 IPC. Vide order dated 15.6.2004 passed by learned Additional Chief Judicial Magistrate, Rewari, they were sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1,000/- each for offence under Section 323/34 IPC, sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1,000/- each for offence under Section 427/34 IPC and sentenced to undergo rigorous imprisonment for Crl. Revision No. 137 of 2009 -2- two years and fine of Rs. 2000/- each for offence under Section 452/34 IPC. All the sentences were ordered to run concurrently. Aggrieved by the same respondents No. 1 to 4 preferred an appeal and the learned Additional Sessions Judge, Rewari upheld the conviction of respondents No. 1 to 4 under Sections 323/ 452/427/34 IPC. However, the sentence of imprisonment as ordered by the trial court was modified and respondents No. 1 to 4 were ordered to be released on probation. Aggrieved by the same complainant-Narender Kumar has filed the present petition. Learned counsel for the petitioner has submitted that offences committed by respondents No. 1 to 4 are serious in nature and as such learned Additional Sessions Judge, Rewari had erred in releasing respondents No. 1 to 4 on probation. Learned Additional Sessions Judge, Rewari, took into account that there was no evidence on record from which it would be considered and held that respondents No. 1 to 4 are incorrigible and could not be reformed. After taking into account the age, character, antecedents and circumstances of the case, learned Additional Sessions Judge, Rewari has opined that the benefit of Offenders Act is liable to be extended to respondents No. 1 to 4. The offences in the present case are under Sections 323/ 452/427/34 IPC. In these circumstances, learned Additional Sessions Judge, Rewari has rightly released respondents No. 1 to 4 on probation. The impugned order does not call for any interference. Accordingly, this petition is dismissed. (SABINA) JUDGE April 18, 2009 PARAMJIT