JUDGEMENT
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(1.) The Petitioner-accused, Ram Chander, was convicted by Sub Divisional Judicial Magistrate, Loharu, for the offences under Sections 323 and 325 IPC, vide judgment dated 18.11.2003 and was sentenced as under:
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(2.) However, at the time of arguments, counsel for the Petitioner confines his prayer, made in the revision petition, only against the sentence so imposed upon him. He has submitted that the Petitioner, at the time of his conviction, was 56 years old and now he has attained the age of 67 years and he is having the liability of maintaining his children. He prayed that he be released on probation as no previous conviction was proved against him and no special reasons were recorded by the trial court for disallowing him the benefit of probation though he was entitled to that benefit.
(3.) As per the prosecution version, he along with co-accused, Sube, Vijay and Ram Niwas attacked Amrit Singh, complainant/injured with the help of lathis and voluntarily caused hurt to him. When that Amrit Singh was medically examined by Dr. Randeep Singh Punia, PW-5, the following injuries were found on his person:
1. Lacerated wound 7 x = cm. X Bone deep on right side of skull about 1= c.m. lateral view, midline and placed anteroposteriorily, fresh, bleeding was present. Advised X-ray and surgeon's opinion at G.H. Bhiwani.
2. Contusion 30 x 3 cm on back of thorax, horizon-tally placed, reddish in colour. It is situated on both sides of spine and spine itself, continuously. Advised X-ray and surgeon's opinion.
3. Contusion 16 X 6 cm. On left side of back of thorax, about 2 cm above the injury No. 2, horizontally placed. Reddish in colour. Advised X-ray and surgeon's opinion.
4 Complaint of pain at proximal interphalangel joint region of left index finger of hand, associated with tenderness and swelling. Advised X-ray and orthopedics opinion.
5 Patient complaint of dimness of vision in right eye redness of right eye present. Advised eye surgeon's opinion.;
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