SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The conviction of Shiv Kumar, the petitioner for an offence punishable under sections 323, 325 and 452 IPC recorded by Additional Chief Judicial Magistrate, Sonepat vide judgment dated 12.2.2011 has been maintained by learned Additional Sessions Judge, Sonepat vide judgment dated 10.7.2012. However, the sentence awarded to the petitioner by learned trial court has been reduced by learned Additional Sessions Judge and the sentences awarded by the courts below are as under:-

(2.) Learned counsel for the petitioner has submitted that the petitioner is a first offender. According to him, he has no shady past. He has further submitted that he has already suffered the sentence of 1 month and 24 days as on 30.8.2012, out of the substantive sentence of one year. He has further submitted that the allegation against the petitioner is that he had hit the injured with a blunt weapon. According to him, the petitioner had been a youth of the age of 20 years at the time of commission of the offence. According to him, he is the only bread winning member of his family. Learned counsel for the petitioner, therefore, prays for an order releasing the petitioner on probation of good conduct. He has, however, submitted that the petitioner may be ordered to compensate the victim.

(3.) Learned State counsel, on the other hand, has opposed the prayer. According to him, the petitioner has attacked a woman at her house and he is not entitled to be released on probation. Learned State counsel has, however, not controverted the submissions that the petitioner has been a young man of the age of 20 years at the time of commission of the offence and that he is a first offender.