- (1.) HEARD learned counsel for the parties.
(2.) COMPLAINANT-petitioner has preferred this revision petition challenging impugned judgment and order dated 29.10.2002 passed by Additional District and Sessions Judge(Fast Track), Beawar in Criminal Case No. 6/2002(27/96), whereby accused-respondents were acquitted from the offences under Sections 148, 341 and 307/149 I.P.C. The complainant is also aggrieved with the impugned judgment and order, whereby although accused-respondents were convicted under Section 325/149 I.P.C., but they were not awarded sentence of imprisonment and they were given benefit of Probation of Offenders Act. Brief facts of the case are that on 14.05.1996, S.H.O., Vijay Nagar received a telephonic message that in industrial area, there was a quarrel taking place with Dharmi Chand Master. The name of informant was disclosed as Dinesh. On the basis of this information, Rapat No. 493 was registered at 8.30 P.M. and S.H.O. proceeded for the place of incident. The statement of injured Dharmi Chand, who was admitted in hospital, was recorded, wherein it was stated that he and his brother Ghanshyam were coming from their agricultural field and in the way, the accused persons(named in Parcha Bayan) stopped them and inflicted injuries on their person. On the basis of Parcha Bayan, the case was registered under Sections 147, 148, 341, 323 and 307 I.P.C. After completion of investigation, the Police submitted a charge sheet in the Court of Judicial Magistrate, First Class, Vijay Nagar, who committed the case for trial to the Court of Additional Sessions Judge, Beawar. The trial court framed charge against the accused-persons for the offences under Sections 147, 148, 323, 341, 325/149 and 307/149 I.P.C. Accused persons denied charges and claimed trial. In support of the case, the prosecution examined P.W. 1 to P.W. 14 and also produced documentary evidence. Thereafter, statements of the accused persons were recorded under Section 313 Cr.P.C. In defence, D.W. 1 and D.W. 2 were examined. After hearing the arguments and examining the record, learned trial court acquitted the accused persons from offences under Sections 148, 341 and 307/149 I.P.C. Accused persons Panchu, Chetan, Ramdev, Shri Ram and Deva were also acquitted from charge under Section 323 I.P.C. However, learned trial court convicted the accused persons Panchu, Ramdev, Deva, Chetan and Shri Ram under Sections 147 and 325/149 I.P.C. and accused Dharma under Sections 323, 147, 325/149 I.P.C. Learned trial court gave the benefit of Probation of Offenders Act to accused Dharma and also passed an order directing him to pay compensation of Rs. 5,000/- to the injured. Similarly, remaining five accused persons were also granted benefit of Probation of Offenders Act and each of them was directed to pay a sum of Rs. 3,000/-, total Rs. 15,000/- as compensation to injured. Submission of learned counsel for the petitioner is that injured Dharmi Chand sustained as many as 14 injuries, including four injuries on the head and the accused persons were convicted with the aid of Section 149 I.P.C., therefore, intention to commit murder was clearly proved and trial court committed an illegality in acquitting them from the charge under Section 307/149 I.P.C. He further argued that in the present case, four doctors were examined on behalf of the prosecution namely P.W. 11 Dr. G.S. Nawal; P.W. 13 Dr. V.C. Kasliwal; P.W. 7 Dr. Anil Kumar Soni and P.W. 9 Dr. Pushpa Gupta and from their statements, it is clear that in case medical aid would not have been provided to the injured, then he would have succumbed to the injuries. He, therefore, submitted that looking to the number of injuries, offence under Section 307 I.P.C. was clearly made out, therefore, order of the trial court may be set aside and the accused persons may be convicted accordingly.
(3.) LEARNED counsel for the petitioner further submitted that looking to number of injuries, it was not proper on the part of the learned trial court to grant benefit of probation to the accused persons under Section 325/149 I.P.C. He further submitted that amount of compensation is also not adequate and it should be enhanced. Learned counsel for the accused-respondents submitted that there is no dispute that there were 14 injuries on the person of the injured Dharmi Chand, P.W. 10, but the injuries sustained by him on the head were found to be simple in nature and other injuries were on non-vital part of the body and they were not dangerous and sufficient to cause death in the ordinary course of nature. He, therefore, contended that learned trial court was absolutely right in acquitting the accused-respondents from the charges under Section 307/149 I.P.C. So far as grant of probation to accused-respondents is concerned, he submitted that maximum sentence under Section 325 I.P.C. is seven years and said offence is triable by the Court of any Magistrate. He further submitted that accused persons remained in jail for a period of one month and five days i.e. from 15.05.1996 till 20.06.1996, therefore, looking to all the facts and circumstances of the case, particularly the maximum sentence prescribed under Section 325 I.P.C., it was incumbent on the part of the learned trial court to grant the benefit of Probation of Offenders Act or to give the benefit of Section 360 Cr.P.C. to the accused respondents, otherwise to record the reasons for not giving the said benefit, in view of Section 361 Cr.P.C. Since it was first offence of the accused persons, therefore, there is nothing wrong in the order passed by learned trial court in extending the benefit of probation to accused persons. He further submitted that the present incident relates to the year 1996 and total amount of compensation awarded is Rs. 20,000/-, which has already been deposited by the accused-persons in the trial court. He, therefore, submitted that this is not a fit case for interference by this Court in the judgment and order passed by learned trial court. I have considered submissions of learned counsel for the parties and minutely scanned the impugned judgment and record of the trial court. ;