LALA RAM Vs. HARI RAM

JUDGEMENT

(1.) Hari Ram, respondent, filed a complaint against Lala Ram, appellant, alleging that Lala Ram, appellant, alleging that Lala Ram had attacked him with a Kassi on June 10, 1964, at about 6 p. m. Poonaram, who was standing there prevented the blow from falling on Hari Ram by receiving it on his hand. The respondent, however, made a second attack and inflicted an injury on the left shoulder of Hari Ram. Hari Ram and Poonaram got themselves examined by the Civil Assistant Surgeon of the city and the injury report was submitted along with the complaint.

(2.) The learned Magistrate acquitted the accused. Hari Ram filed an application under Section 417 (3) of the Criminal Procedure Code for leave to appeal against the order of the Magistrate. Leave was granted by the High Court, and thereupon Hari Ram filed the appeal. The High Court accepted the appeal and convicted the appellant, Lala Ram, under Section 324, I. P. C., and sentenced him to four months' rigorous imprisonment.

(3.) The attention of the High Court was not drawn to the Probation of Offenders Act, 1958, during the hearing of the appeal but subsequent to the delivery of the judgment an application was filed under Section 561-A, Cr. P. C., read with Sections 3, 4 and 6 of the Probation of Offenders Act. It was alleged in the application that the appellant was 20 years old and the High Court should have given him the benefit of the Probation of Offenders Act. The High Court did not accede to this application. The appellant having obtained special leave from this Court, the appeal is now before us.