Crl. Rev. No.2089 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 2089 of 2008 Date of Decision: 4 - 3 – 2010 Vijay Singh and others .....Petitioners v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.J.V.Yadav, Advocate for the petitioners. Mr.Ravish Kaushik, AAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition has been preferred by Vijay Singh, Vishal alias Rinku and Vikash alias Vikky. They were named as accused in case FIR No.533 dated 6.9.1997 registered at Police Station Bawal under Sections 452, 323, 506, 34 IPC. The trial Court held them guilty of offence under Sections 323, 452 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/- for the commission of offence punishable under Section 452/34 IPC. In default of payment of fine, they were ordered to undergo simple imprisonment for three months. They were also sentenced to undergo rigorous imprisonment for six months for the commission of offence punishable under Section 323/34 IPC. Both the sentences were ordered to run concurrently. Crl. Rev. No.2089 of 2008 [2] On 5.9.1997 at about 12.15 P.M., Ram Niwas came to the police station and made a statement that he was a resident of Village Kalrawas and was having a Flour Mill out side the village on the road. At about 1.00 A.M. in the night, all the three accused came armed with lathies and caused injuries to him. He had kept Rs.1300/- in his flour mill and the same were also missing. The injuries were caused on the night intervening 4/5.9.1997. Mr.J.V.Yadav, learned counsel appearing for the petitioners has submitted that at the time of occurrence petitioner Vijay Singh was aged 23 years, Vishal alias Rinku was aged 22 years and Vikash alias Vikky was aged 24 years. It is submitted that petitioners were not involved in any other case before or after the occurrence in the present case. In these circumstances, the counsel submits that he will not assail the conviction but prays to this Court that taking into consideration, the age, antecedents of the petitioners and the fact that they had suffered a protracted trial of more than 12 years, they be given an opportunity to reform themselves and opt for the life of rectitude. It is in this context that this Court shall briefly notice the prosecution case. In the cross-examination, Ram Niwas PW1 has stated that he was Brahmin by caste and accused Vijay was Harijan. They used to get water from the same well and two days prior to the occurrence, earthen pot of Vijay had touched the earthen pot (Matka) of the complainant and due to this, an altercation had taken place, which led to the registration of the present case. Counsel for the petitioners has submitted that on a trivial issue, which has a ramification of caste conflict, the occurrence had ensued. Crl. Rev. No.2089 of 2008 [3] Therefore, no useful purpose would be served by sending the petitioners behind the bars. Dr.J.K.Saini PW7 had proved medico legal report Ex.PW7/A. According to the opinion of the doctor, all injuries were simple in nature. Counsel for the petitioners has drawn my attention to the medico legal report. Complainant had suffered reddish bruises on right thigh, right side of back, right side of chest and abdomen. Injury No.5 was presence of tenderness on left index finger. Injury No.6 was regarding complaint of pain. Very minor and superficial injuries have been suffered by the complainant. Counsel for the petitioners has submitted that petitioners had already undergone about four months of their actual sentence. This Court is of the view that no useful purpose would be served by sending the petitioners behind the bars and it may disturb prevailing peace in the village. However, the petitioners can be granted an opportunity to reform themselves as a good citizen. Accordingly, it is ordered that petitioners be released on probation under the Probation of Offenders Act, 1958 for a period of one year. The petitioners shall furnish bonds/surety bonds to this effect to the satisfaction of the trial Court. Petitioners shall undertake to maintain peace and be of good behaviour during the period of probation. In case petitioners commit breach of any of the terms and conditions of the bond/surety bond, the trial Court shall call upon them to serve the sentence. With the aforesaid observations, the present revision petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) March 4, 2010. JUDGE RC