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1999 DIGILAW 344 (RAJ)

Ram Prasad v. State

1999-03-15

N.N.MATHUR

body1999
JUDGMENT 1. - This appeal is directed against the judgment dated 2.1.1982 passed by the learned Addl. Sessions Judge, Negaur convicting the appellants of offence under Sections 323, 147 and 325 I.P.C. and sentencing each of them as under : Under Section 147 IPC. three months' RI. Under Section 323 I.P.C. three months' R.I. Under Section 325/149 IPC two and half years' R.I. and to pay fine of Rs. 100/- each, in default to further under go three months' RI. All the sentences have been ordered to run concurrently. The appellant Puna Ram has been granted benefit of the probation of Section 360 Cr.P.C. 2. The prosecution case in brief is that on 6.11.1980 Harsukh Ram made a statement before the Investigating Officer that on 5.11.1980 he along with his father Gheesu was returning to home, at that time, the accused persons attacked on them, causing serious injuries. He also stated that Hari Ram was standing at a distance. On this information Police, registered a case of offence under Sections 147, 148, 149, 323, 324 and 325 I.P.C. After usual investigation, the police submitted a charge-sheet against the accused persons for the aforesaid offence. The accused persons pleaded not guilty and claimed trial. The trial court except Ram Kishore convicted all the accused appellants for the aforesaid offences. 3. I have heard learned counsel for the appellants and also gone through the record. The ocular testimony of the injured witness finds corroborated from the medical evidence. In view of this, conviction of each of as the appellants does riot call for any interference by this Court. However, considering all the facts and circumstances of the case, I do not find any special reason for not extending the benefit of probation under Section 360 Cr.PC. 4. In view of the aforesaid, this appeal is partly allowed while so maintaining the conviction of each of the appellant for the aforesaid offences, instead of sentencing them, it is directed that each of the appellant shall be released on probation on furnishing a personal bond in the sum of Rs. 5000/- each and one security of like amount to the satisfaction of the trial court on undertaking to receive the sentence as and when call upon to do so and to keep peace and good behaviour during the period of one year. The appellants will also pay or deposit compensation of Rs. 1000/- each. 5000/- each and one security of like amount to the satisfaction of the trial court on undertaking to receive the sentence as and when call upon to do so and to keep peace and good behaviour during the period of one year. The appellants will also pay or deposit compensation of Rs. 1000/- each. The amount so deposited shall be paid to injured Harsukh Ram and Gheesu equally. Four months time is granted for depositing the compensation amount.Appeal partly allowed. *******