NANHAKOO Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. Heard Sri Sanjeev Singh learned Counsel for the revisionist and Sri R. R. K. Mishra, learned AGA and have gone through the judgment of the Courts below.

(2.) INSTANT revision has been preferred against the order of conviction and sentence dated 9-7-1985 passed by the Special Judge, Varanasi, in Criminal Appeal No. 18 of 1985, Nanhakoo and another v. State and another, by which the order of conviction passed by the Chief Judicial Magistrate, Varanasi, on 3-1- 1985 in Case No. 20601 of 1983, Prabhu Narain v. Nanhakoo and another, under Section 323/504 and 506 IPC was confirmed but the sentence was modified from one month's RI to a fine of Rs. 500 against each of the appellant and in default of payment of fine to undergo imprisonment of 20 days.

(3.) A perusal of the record shows that injuries were not caused all of a sudden. Litigation was going on between the parties. The parties are of the same village and this was the reason that Arhar crop and Nali is said to have been damaged and when protest was made by the complainant the revisionists caused injuries to the complainant, not only this threatening was also extended. When the parties are of the same village and there is some dispute about any land, the matter can be got decided on civil side or by calling for panchayat but to take law into their own hands and cause injuries to the complainant shows that there was already a mental preparation to cause injury to teach lesson. The learned Counsel for the revisionist has cited Section 4 of the Probation of First Offenders Act, which contemplates that: "when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the persons is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him a at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour.