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2010 DIGILAW 3299 (PNJ)

Ashok Kumar v. The State Of Haryana

2010-12-09

A.N.JINDAL

body2010
Judgment A.N.Jindal, J. 1. Seven accused were tried for the offences under Sections 323, 324, 325, 148 and 149 of the Indian Penal Code. The trial Court vide judgment dated 17.10.2002 while convicting Saraswati under Sections 323, 148, 149 of the I.P.C., released her on probation. The accused Ashok Kumar, Raju and Anand Singh were convicted and sentenced under Sections 323, 324, 325, 148 and 149 I.P.C. The accused Ajay was convicted and sentenced under Sections 323, 324, 148 and 149 I.P.C. The co-accused Ramrati and Seema were sentenced and convicted under Sections 323, 148 and 149 I.P.C. However, during appeal, the appellate Court modified the sentence of Ramrati, Seema, Ajay and Anand Singh by releasing them on probation. However, the appeal preferred by Ashok Kumar and Raju was dismissed in toto. 2. The allegations against the petitioners, as per the FIR registered against them, are that on 19.09.1998, at about 4.30 p.m., the cattle of the complainant entered into the court-yard of accused, with the result, their mother got annoyed and abused the complainant. In the meantime, the accused persons appeared, exhorted and caused injuries with pharas, dandas and bricks to the complainant. In the meanwhile, Krishan, complainants son, reached the spot and accused attributed injuries to him also with jelli and lathies. On hearing screams, raised by the injured, Giriwar, Shri Ram and Smt. Babita attracted to the spot and rescued them from the clutches of the accused persons. Accused persons also administered fist blows to Smt. Babita. 3. Heard. Sufficient evidence has been led in order to establish the charges against the petitioners. The evidence, on the basis of which findings of fact have been returned by the Courts below, appears to have been appreciated in the right perspective. 4. Faced with the situation, learned counsel for the petitioners has prayed for extending some leniency on the quantum of sentence. 5. The occurrence took place way back in the year 1998. The petitioners have already suffered a lot of agony due to the pendency of proceedings in the Courts since then. They have already undergone more than 3 months of the substantive sentence. Under the peculiar circumstances of the present case, it would be in the fitness of things to extend some leniency on the quantum of sentence. 6. The petitioners have already suffered a lot of agony due to the pendency of proceedings in the Courts since then. They have already undergone more than 3 months of the substantive sentence. Under the peculiar circumstances of the present case, it would be in the fitness of things to extend some leniency on the quantum of sentence. 6. Resultantly, this petition is dismissed with the modification in the sentence to that of already undergone subject to payment of compensation by Ashok Kumar and Raju-accused to the tune of ` 20,000/- each, within a period of three months which would be shared by the injured equally. 7. Copy of the order be sent to the Chief Judicial Magistrate, Bhiwani for compliance. Petition dismissed.