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2006 DIGILAW 29 (SC)

JAMAL HAQ v. STATE OF TRIPURA

2006-01-09

ALTAMAS KABIR, B.P.SINGH

body2006
ORDER 1. We have heard learned counsel for the parties. 2. Leave granted. 3. The petitioner herein has been sentenced to pay a fine of Rs 500 for committing the offence punishable under Section 323 of the Penal Code. It appears from the facts of the case that several persons, 12 in number, were involved in an assault on four members of a family injuries caused have been found to be simple in nature. 4. Counsel for the petitioner submitted that this is an appropriate case in a which the High Court and the courts below should have exercised their discretion under the Probation of Offenders Act, 1958. He submitted that the petitioner is a teacher and in view of the conviction recorded against him, he may lose his job. He further submitted that there is no clear evidence that apart from being a member of the mob, the petitioner specifically assaulted anyone. The witnesses generally stated that all the persons assaulted them. 5. We have also heard learned counsel for the State. He argued to sustain the judgment of the High Court but in the alternative he submitted that even if this Court is inclined to grant the benefit under the Act and release the petitioner on probation, he should be directed to compensate the victims. 6. Having regard to the facts and circumstances of the case, we are of the view that the petitioner should be given the benefit under the Probation of Offenders Act, 1958 and be released on probation assuring good conduct for a period of six months. However, in the facts and circumstances of the case, we direct the petitioner to pay a sum of Rs 500 each to the four persons injured in the incident. 7. This appeal is, accordingly, allowed in the above terms.