JUDGEMENT
K .P.S.SANDHU,J -
(1.)This is a revision filed by Ishar Ram against the order of learned Sessions Judge, Faridkot dated 17.5.1984 by which she suspended the sentence of imprisonment awarded to the respondents and instead released them on probation.
(2.)ON the last date of hearing notice regarding compensation was given by me vide my order dated August 10, 1984.
(3.)THESE four respondents, namely Sadhu Ram, Sham Lal, Mann Singh and Hardev Ram along with one Ashok Kumar were tried and convicted under Section 148, 452/325/323/149 I.P.C. by the learned Judicial Magistrate First Class, Faridkot vide his order dated 8.10.1983. Ashok Kumar co -accused of the respondents was released on probation by the learned trial Magistrate, while the other four respondent, namely Sadhu Ram, Sham Lal, Mann Singh and Hardev Singh were sentenced as under: -
Sadhu Ram 1. R.I. for six months each under section 148 I.P.C. Sham Lal, Mann Singh and Hardev Ram 2. R.I. for one year each and fine Rs. 50/ - each, in default R.I. for 15 days under section 452/ - 149 I.P.C. 3. R.I. for one year each and fine of Rs. 50/ - each, in default R.I. for 15 days each under section 325/149 I.P.C. 4. R.I. for three months each under section 323/149 I.P.C. The substantive sentences were ordered to run concurrently. The respondents preferred an appeal in the Court of Sessions. The learned Sessions Judge, Faridkot vide her order dated 17.5.84 suspended the sentence of the respondents and released them on probation. Ishar Ram petitioner is one of the two injured while Rikhi Ram is the other injured.
The prosecution case is that on 9.5.1981 at about 3.30. P.M. the four respondents along with their co -accused Ashok Kumar, armed with various types of weapons entered the shop of the two injured PWs and caused them a number of injuries. Ishar Ram petitioner was medically examined by Dr. Rameshwar Chander PW6 who found six injuries on his person. Out of these six injuries, five were simple while one was grievous, while the injuries suffered by Rikhi Ram were simple in nature. I am of the view, that it was a fit case where the learned Sessions Judge while granting probation to the respondents, should have allowed some compensation to the injured. Consequently, each one of the respondent is ordered to Pay Rs. 1000/ - as compensation payable to the two injured. Out of the compensation, Rs. 3000/ - would be paid to Ishar Ram while Rs. 1000/ - should be paid to Rikhi Ram. If compensation is not paid by the respondent within two months, they would be called upon to serve the sentence imposed on them by the learned trial Magistrate. This petition thus stands disposed of.
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