RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) VIDE judgment dated 14.10.2011 passed by the learned JMFC, Sausar (Shri Manish Kumar Shrivastava) in criminal case No. 59/2008, the applicants were convicted for the offence punishable under section 323 of IPC and sentenced with fine of Rs. 1,000/ - upon each of them. In criminal appeal No. 229/2013, the learned 3rd Additional Sessions Judge, Chhindwara vide judgment dated 4.7.2013 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicants have preferred the present revision. The prosecution's case, in short, is that, on 6.1.2008, at about 10.30 a.m., the applicants assaulted the victim Ganpati in the fields of village Ghoghrikhapa, Police Station Mohgaon, District Chhindwara.

(2.) I have heard the learned counsel for the parties.

(3.) IT is true that the applicants assaulted the victim in a brutal manner. However, the victim did not sustain any grave or fatal injury. Offence under section 323 of IPC is not so grave. The applicants were the first offenders and therefore, it was the duty of the trial Court to enlarge the applicant No. 1 on probation under section 3 of the Probation of Offenders Act for such a minor offence. The trial Court as well as the appellate Court did not give the advantage of probation to the applicant No. 1. Under such circumstances, the revision filed by the applicant No. 1 can be partly allowed up to that extent.