Ram Pal vs State of Haryana

Naresh Kumar Sanghi, J.—The present Criminal Revision Petition has been filed by Ram Pal petitioner challenging the judgment dated 13.02.2013 passed by the learned Additional Sessions Judge, Faridabad, whereby the appeal filed by him, assailing the order of his conviction and sentence recorded by the learned Additional Chief Judicial Magistrate, Faridabad, for the offences punishable under Sections 323 and 325 read with Section 149 of the Indian Penal Code, was dismissed. The present case came up for preliminary hearing before this court on 18.02.2013 and at that time learned counsel for the petitioner opted not to challenge the conviction of the petitioner but submitted that in view of the facts and circumstances of the case, the petitioner should have been released on probation, therefore, notice of motion was issued for consideration of quantum of sentence only.

Though the learned counsel for the petitioner did not opt to challenge the conviction of the petitioner yet just to satisfy the conscience of this court and to part complete justice to the petitioner, the material available on record has been re-scanned with the valuable assistance of the learned counsel for the petitioner and that of the learned counsel representing the State.

Brief facts of the case are that on 29.08.2004, at about 6 A.M., Shyam Lal, complainant, was standing in the gali (street) along with his brother, Pappan alias Kalwa, when Rampal and Ram Kishore reached there and stated that his father had abused them on the previous night. The complainant replied that his father had not hurled any abuse and in fact, a quarrel had arisen between the children of parties and in this regard, his father had complained to father of the accused. On this, Rampal got annoyed and abused him. Then he brought an iron rod from his house and Ram Kishore brought a Danda. Rampal gave one iron blow on his left arm and second blow on right side of his head. During the quarrel, Raghbir also reached there and caught hold Pappan alias Kalwa from behind and Ram Kishore alias Titu gave one Danda blow on fore-head and second danda blow on right side of head of Pappan. Ved Pal also reached there armed with iron rod and gave its blow in the middle of the head of the complainant. On raising hue and cry, Bhoop Singh and Satish, brothers of the complainant reached there for his rescue but they were also beaten by Ved Pal and Ram Kishore with lathi, Danda and iron rod. Ramu also came on the place of occurrence and instigated the other accused to beat the injured. One Kaley alias Lakhan rescued them from the clutches of the accused.

On finding a prima facie case, the accused were charged under Sections 148, 323, 325 read with Section 149, IPC to which they pleaded not guilty and claimed trial.

In order to prove its case, the prosecution examined PW-1 Ishar Singh ASI, PW-2 Shyam Lal, complainant, PW-3 Pappan alias Kalwa, PW-4 Bhoop Singh, PW-5 Satish, PW-6 Dr. A.K. Gupta, PW-7 Dr. Subhash Manchanda and PW-8 Deep Chand SI.

Statements of the accused u/s 313, Cr.P.C. were recorded wherein they had denied the allegations of the prosecution and pleaded their false implication in this case. However, no defence evidence was led by the accused.

After conclusion of the trial, the learned trial court held all the five accused guilty for the offences punishable under Sections 323 and 325 read with Section 149, IPC and while releasing the convict-Ramu on probation, sentenced the petitioner and his co-convicts as under:-

The petitioner and his three co-accused, namely, Ved Pal, Raghubir and Ram Kishore, challenged their conviction and sentence by way of an appeal before the learned Additional Sessions Judge, Faridabad but vide order dated 13.02.2013, the learned Appellate Court dismissed their appeal in toto. However, the co-convicts of the petitioner were ordered to be released on probation whereas the petitioner was denied the benefit of probation. Hence the present revision petition.

Heard.

The statements suffered by the injured persons which were duly corroborated by the medical evidence clearly establish that the petitioner along with his co-accused did cause injuries to the complainant and other injured persons and both the courts below rightly held them guilty for the offences punishable under Sections 323 and 325 read with Section 149, IPC. However, this court is of the considered opinion that the sentence awarded to the petitioner Ram Pal is on higher side. Once the charges against the petitioner and his co-accused were for the offences punishable under Sections 323 and 325 read with Section 149, IPC and there was no substantive charge for the offences punishable under Sections 323 and 325 read with Section 149, IPC against the petitioner Ram Pal, therefore, the benefit of the probation should have been extended to the petitioner as well. Even otherwise, the petitioner has already faced the agony of trial and appeal for approximately 8-1/2 years. He has also suffered incarceration for one month and approximately ten day as per the affidavit of the Deputy Superintendent, District Jail, Faridabad, produced by the counsel for the State. The quarrel had taken place at the spur of moment on a trivial issue. One person from the petitioner side had also received injury attracting the mischief of Section 325, IPC, though on a non-vital part. The petitioner being a first offender can be extended the same benefit as has been extended to his co-convicts.

Keeping in view the totality of the facts and circumstances of the case, the substantive sentence awarded to the petitioner for the offences punishable under Sections 323 and 325 read with Section 149, IPC, is suspended. The petitioner is ordered to be released on probation of good conduct for a period of one year subject to his entering into a bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned trial court/Duty Magistrate with the condition to appear and receive the sentence as and when called upon during such period and in the meantime to keep the peace and be of good behaviour. The petitioner is further directed to pay compensation of Rs. 25000/-(twenty five thousand) to the injured Shyam Lal who had received grievous injury. The amount of compensation shall be deposited with the learned trial court within one month of the release of the petitioner from the jail. The learned trial court shall issue notice to the injured, Shyam Lal, who had received grievous injury in this case and make the payment to him. In case, the petitioner fails to furnish the requisite bond and surety bonds and further fails to pay the compensation amount imposed by this court in that eventuality, the order of sentence passed by the learned lower appellate court qua the petitioner shall enure. The fine imposed by the learned trial court, if deposited by the petitioner shall be adjusted in the amount of compensation imposed by this court. With the above modification in the order of sentence, the present Criminal Revision Petition is partly allowed.