- (1.) THE present petition has been directed against judgment dated 5.3.2013 passed by the Sessions Judge, Panipat whereby the appeal preferred by respondents Ashu and Devki Nandan against their conviction and sentence by the learned trial court for offence punishable under Sections 323, 452 read with Section 34 of the Indian Penal Code (for short "IPC") is partly allowed and they have been ordered to be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 (for short "the Act"). Counsel for the petitioner contends that keeping in view the circumstances that the respondents entered the house of the petitioner during midnight, caused injuries to the petitioner and his wife suffering from paralysis, the respondents are not entitled to benefit of probation. It is further submitted that the Court in appeal has not granted any compensation to the injured victim.
(2.) I have heard counsel for the petitioner and gone through the case file.
(3.) RAMESH Aggawarl petitioner filed a private complaint under Sections 323, 452, 506 IPC against Ashu son of Ved Parkash and Devki Nandan @ Bobby in may 2005 with regard to an occurrence allegedly took place on the intervening night of 11/12.5.2005. As per the allegations, the respondents forcibly entered his house, threatened him that the house was purchased by them and gave beatings to him with fist and leg blows. When his wife tried to intervene, she was also given beatings by the accused who further threatened to vacate the house by evening. The learned trial Court convicted the respondents for the aforesaid offences and sentenced them by holding that they did not deserve any leniency as they decided to cause injuries to complainant Ramesh Aggarwal by entering his house and threatened him with dire consequences. The judgment passed by the learned trial Court holding the respondents guilty of offence was affirmed in appeal but the sentence awarded to the respondents was set aside and they are given benefit of probation under Section 4 of the Act.;