Dharma and Others vs State of Haryana

Alok Singh, J.—Petitioners were found guilty for offences under Sections 148, 149, 323, 326 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/-each u/s 148 IPC and in default of payment of fine to further undergo simple imprisonment for one month. They were further sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-each under Sections 323/149 IPC and in default of payment of fine, Petitioners were further sentenced to undergo simple imprisonment for a period of one month. The Petitioners were further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/-each under Sections 326/149 IPC and in default of payment of fine, Petitioners were further sentenced to undergo simple imprisonment for a period of two months. All the sentences were ordered to run concurrently by learned Judicial Magistrate 1st Class, Hisar. However, in appeal learned Sessions Judge has directed as under:

Now coming to the question of sentence, it is observed that Appellants are facing agony of trial since the year 1998 i.e. for the last 12 years. Appellant Dharma is stated to be of more than 70 years. The exaggerating circumstance is that injured Umed received fracture of his skull bone. As per his MLR he received two injuries on his head. In view of the fact that injured Umed had received fracture of his skull bone, the Appellants are not entitled to benefit of probation of good conduct. However, in view of the protracted trial, some leniency is required to be observed in the matter of sentence. Accordingly, the sentence of the Appellants u/s 148 IPC is reduced from one year rigorous imprisonment to six months rigorous imprisonment each. The sentence of the Appellants u/s 323/149 IPC is also reduced from 6 months rigorous imprisonment to three months rigorous imprisonment each. The Appellants are sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs. 1000/-each u/s 325/149 IPC and in default of payment of fine, the defaulter convict shall further undergo simple imprisonment for two months. The sentence of fine for offence u/s 148 IPC and 323/149 IPC and default sentence shall remain intact as awarded by learned trial court.

Learned Counsel for the Petitioners states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 148/149/323/326 IPC. Learned Counsel for the revisionists further submits that revisionists should be released on probation u/s 4(1) of the Probation of Offenders Act, 1958.

He has placed reliance on the judgment of the learned Single Judge of this Court in the matter of Sansar Singh v. State of Punjab, Criminal Revision No. 658 of 2002decided on 10.3.2009.

Ms. Preeti Chaudhari, AAG, Haryana, states that Petitioners/revisionists are the first time offenders and no other criminal case is pending against them.

Applying the principles and ratio of the judgment in the matter of Sansar Singh (supra), conviction of the Petitioners is upheld, however, sentence awarded to them is set aside and they are ordered to be released on parole u/s 4(1) of the Probation of Offenders Act, 1958 for a period of six months, on their furnishing probation bonds and on undertaking with one surety of the like amount to the satisfaction of the Trial Court that they will keep peace and be of good behaviour. In case they are found to be indulged in such like activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the Petitioners is enhanced to Rs. 10,000/-each over and above the fine already imposed by the Trial Court to be paid to the injured u/s 357 of the Code of Criminal Procedure. The Petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case probation bonds are not furnished and the enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed.

With above mentioned modification, this revision petition stands disposed of.