- (1.) LEARNED Judicial Magistrate, First Class, Tibbi by the judgment dated 9.12.2003 convicted the petitioner for the offence punishable under Section 324 IPC and sentenced to undergo six months' simple imprisonment with a fine of Rs.1000.00. The conviction recorded and sentence awarded came to be affirmed by the appellate court that is of learned Additional Sessions Judge (Fast Track) No.3, Hanumangarh under the judgment dated 19.1.2009. Being aggrieved by the same, this revision petition as per provisions of Section 397 read with Section 401 IPC is preferred.
(2.) THE only submission of learned counsel for the petitioner is that the petitioner is a poor farmer and whatever incident took place that was due to some dispute relating to flow of irrigating water. It is also stated that the incident in question is of year 2000 and now after a lapse of more than 12 years, no useful purpose shall be served by sending the petitioner behind the bars for undergoing remaining part of the sentence. From perusal of the facts averred in the judgments impugned, it reveals that on 23.2.2000, some dispute occurred between the petitioner and complainant about flow of water course. During the hot discussion, the petitioner gave a simple injury to one Shri Mahendra. On this incident, a criminal case was lodged and petitioner was subjected to trial. The learned trial court while convicting the petitioner observed that the parties were having some dispute about natural flow of water course and during the hot discussions an spontaneous blow was given by the petitioner. On the facts stated in the judgments impugned and also on examination of evidence available, it can be safely said that the petitioner is not having criminal tendency but an unfortunate incidents occurred due to some dispute which is quite common amongst agriculturists.
(3.) HAVING considered all the facts of the case specially looking to the fact that the entire incident pertains to the year 2000, I am of the considered opinion that no useful purpose now shall be served by sending the petitioner behind the bars to serve remaining part of sentence.;