CONST. 67 A.P. HARISH MEHRA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-10-20
HIGH COURT OF UTTARAKHAND
Decided on October 23,2013

Const. 67 A.P. Harish Mehra Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) PRESENT appeal is directed against the judgment and order dated 27.08.2013, passed by learned Sessions Judge, Pithoragarh, in Session Trial No. 28 of 2010, whereby appellant was held guilty for the offence punishable under Section 338 I.P.C. and was sentenced to undergo rigorous imprisonment for a period two years and to pay a fine of Rs. 1,000/ - and in default of making payment of fine, to undergo additional simple imprisonment for a period of three months. As per the prosecution story, on 12.04.2010, accused came at the shop of Pradeep Mahar at about 10:00 a.m. with his service rifle; when he was fixing the magazine in the rifle, his rifle got fired and injured his servant Manoj Giri at his right palm; complainant and his servant Dinesh Chandra shifted the injured Manoj Giri with the help of the appellant to Mallikarjun hospital.
(2.) MRS . Pushpa Joshi, learned Senior Counsel vehemently submitted that admittedly it was a case of accidental fire, therefore, instead of sending the appellant in jail, he may be released on probation for two years under Section 4 of the Probation of Offenders Act, 1958. Learned counsel for the appellant further submitted that appellant is ready to pay compensation to the tune of Rs. 25,000/ - to the injured under Section 12 of the Probation of Offenders Act. Mr. S.K. Chaudhary, learned Addl. G.A. submitted that appellant has no criminal antecedent to his credit, therefore, he may be enlarged on probation for a period of two years as suggested by learned counsel for the appellant and he may be directed to pay compensation to the injured.
(3.) HAVING heard learned counsel for the parties and having perused the record, I find force in the suggestion made by the learned counsel for the appellant.;


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