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2011 DIGILAW 30 (HP)

Malkiat Singh v. State of H. P.

2011-01-04

SURJIT SINGH

body2011
Judgment Surjit Singh, J. Heard and gone through the record. Petitioners have been convicted of offences, under Sections 148 and 323 IPC read with Section 149 IPC by the trial Court and sentenced to undergo rigorous imprisonment for six months and to pay a fin of `1000/each, for offence under Section 148 IPC and to undergo rigorous imprisonment for one month and to pay a fine of 500/each,inrespectofoffence,undersection323readwithSection149IPC.Their appeals have been dismissed by the Sessions Court. 2. Learned counsel for the petitioner submits that leniency may be shown to the petitioners and that instead of being punished, they may be released on probation. 3. Though the petitioners caused simple injuries in the nature of contusions and abrasions to their victims, who are, a lady and her two minor children, a daughter aged 15 years and a son aged 12 years, yet the fact that they assaulted minor children is such a circumstance which must stand in the way of their getting the benefit of probation. However, looking to the facts, under which incident took place, viz., the stacking of maize grass near the land of the petitioners by the victims as also the fact that though the petitioners were armed with Dandas, they caused only minor injuries in the nature of a few contusions and abrasions, I am of the view that ends of justice will be met in case petitioners are awarded the punishment of fine only. 4. Consequently, the impugned judgment of the trial Court as affirmed by the Appellate Court (Sessions Court) is modified so far as it pertains to the sentence part, as follows. Petitioners are sentenced to pay a fine of `2000/each, for the offence, under Section 148 IPC and `1000/each for offence, under Section 323, read with Section 149 IPC. The entire amount of fine, on realization, shall be paid to the victims of the offences, by way of compensation. Fine imposed by the trial Court is stated to have already been deposited. If that is so, petitioners shall be required to deposit the additional amount only. They are directed to deposit the same within three weeks in the trial Court. Revision petition stands disposed of.