Munishwar Nath Bhandari, J. - (1.) BY this petition, a challenge is made to the order dt. 26.04.2011. Learned Counsel for petitioner has limited his argument for grant of compensation as head injury has been caused by the accused. They have been given benefit of probation under Section 4 of Probation of Offenders Act (for short "the Act"). It is stated that a case was initially registered for offence u/ss. 148, 307 or 307/149 IPC. However, charges were framed u/ss. 147, 148, 149, 341, 323, 324, 307 IPC. After trial, conviction was made u/s. 323 IPC whereby accused Nos. 1, 2 & 4 were acquitted from other offences and rest of the other accused were acquitted for all the charges.
(2.) A reference of judgment of this Court in the case of Koja Ram v. State of Rajasthan & Ors., reported in : Cr.L.R. (Raj.) 1996 -231 has been given. Therein, Rs. 1,000/ - was awarded towards compensation. I have considered the submission and find that after prosecution evidence, trial court recorded statements of accused u/s. 313 Cr.P.C. The court thereafter considered evidence and found that all the injuries are from blunt object and are simple in nature thus case was not found for other offences than under Section 323 IPC. The benefit of probation has been given to the accused Nos. 1 to 4 with fine of Rs. 1,000/ -. I find no illegality in the impugned order for extension of benefit of probation. Prayer is made for award of compensation for a sum of Rs. 1,000/ -. For award of compensation of Rs. 1,000/ -, the accused has to be served with the notice which may even burden them with the legal fee. However, looking to the fact of this case where fine of Rs. 1,000/ - on each accused has been imposed, it may be awarded as compensation and to be given to the petitioner. The amount of Rs. 1,000/ - may be given to the injured namely; Mohd. Sakkir S/o. Jumman Khan, Munnibai W/o. Jumman & Ruksana S/o. Mohd. Wasim. Thus, amount of fine is to be given as compensation. The trial court may accordingly disburse the amount of fine, if already deposited, to the injured namely; Mohd. Sakkir S/o. Jumman Khan, Munnibai W/o. Jumman & Ruksana S/o. Mohd. Wasim. With the aforesaid, revision petition stands disposed of. Record of this case may be sent back to the court below immediately.;