RAM KUMAR Vs. HET RAM AND OTHERS

JUDGEMENT

(1.) This criminal revision petition u/s. 11 of the Probation of Offenders Act, 1958 (for short 'the Act') is directed against the judgment and Order dated 11.10.2002 passed by the Additional District Judge (Fast Track), Hanumangarh (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 57/2002, whereby the appellate Court partly allowed the appeal filed by non-petitioners No. 1 & 2 against the judgment and order dated 2.11.2002 passed by the Chief Judicial Magistrate, Hanumangarh (for short 'the trial Court' hereinafter) in Criminal Case No. 238/86 and while maintaining the conviction of the non-petitioner No. 1 for the offences u/ss. 452, 323, 325 & 341/34, Penal Code and that of non-petitioner No. 2 u/ss. 452, 341, 323/34 & 325/34 IPC, set aside the order of sentence of imprisonment passed by the trial Court vide order dated 2.11.2001, directed to release the petitioners on probation u/s. 4 of the Act as also awarded compensation of Rs. 1,000.00 each from the non-petitioners to injured petitioner-Raj Kumar u/s. 5 of the Act. Aggrieved by the judgment and order impugned passed by the appellate Court, the petitioner-complainant has filed the instant revision petition.

(2.) I have heard learned counsel for the parties. Perused the judgments and orders of the appellate Court as well as of the trial Court and carefully gone through the record.

(3.) On the evidence produced by the prosecution before the trial Court, the trial Court convicted non-petitioners No. 1 & 2 as noticed above and sentenced both the non-petitioners No. 1 & 2 to two years simple imprisonment and a fine of Rs. 100.00 for the offence u/s. 452 Penal Code and 15 days simple imprisonment for the offence u/s. 341, IPC. Non-petitioner No. 1-Het Ram was sentenced to two years simple imprisonment and a fine of Rs. 100.00 for the offence u/s. 325, Penal Code and three months simple imprisonment for the offence u/s. 323, IPC. Similarly, non-petitioner No. 2 Jagdish was sentenced to two years simple imprisonment and a fine of Rs. 100.00 for the offence u/s. 325/34, Penal Code and three months simple imprisonment for the offence u/s. 323/34 IPC. The appellate Court, instead of sentencing the non-petitioners for punishment of imprisonment, directed to release them on probation.