- (1.) Complainant appellant has filed this appeal against the impugned judgment dated 13.10.1995 passed by learned Additional District & Sessions Judge, Hindauncity, in Sessions Case No.53/1993, whereby accused respondents were acquitted for the offences u/s 148 and 307/149 IPC and convicted u/s 324 IPC. Instead of sentencing, they were given benefit of probation u/s 4 of the Probation of Offenders Act, 1958 (for short "the Act of 1958"). It was also ordered u/s 5 of the Act of 1958 that every accused respondents would deposit Rs.100/- in the court as cost of prosecution and compensation.
(2.) Grievance of the appellant is against granting benefit of probation to the accused respondents with a prayer for directions to pay such enhanced compensation as deemed adequate, reasonable and appropriate.
(3.) Learned counsel for the complainant appellant submits that the victim was stabbed with knife which penetrated liver. The victim appellant was initially brought to the local hospital at Hindauncity, then district hospital at Karauli and ultimately to the SMS Hospital, Jaipur where surgical operation was conducted and victim had to remain an indoor patient for 20-22 days. Accused respondents were chargesheeted u/s 148, 307 and 307/149 IPC. But after trial, they were convicted only for the offence u/s 324 IPC. Moreover, while extending the benefit of probation u/s 4 of the Act of 1958, they were directed to deposit only Rs.100/- each, as cost of proceedings and compensation u/s 5 of the Act of 1958.;