PARHLAD SINGH SAHNI Vs. HASSAN LAL

JUDGEMENT

(1.) HASSAN Lal, respondent, was convicted under Section 325, Indian Penal Code, and sentenced to one year's rigorous imprisonment and a fine of Rs. 1,000/ - or in default of payment of fine, to further three months' rigorous imprisonment by the Judicial Magistrate 1st Class, Ludhiana. On appeal, his conviction was maintained but the sentence of imprisonment and fine was set aside and he was given the benefit of probation by the learned Additional Sessions Judge, Ludhiana. It was also directed that he will pay Rs. 1,000/ - as costs of the prosecution.

(2.) PRAHLAD Singh Sahni, complainant, has come up in appeal. His prayer is that the order of the learned Additional Sessions Judge releasing the respondent on probation be set aside and that of the trial Court sentencing him be restored. But Mr. Sandhu, learned counsel for the appellant, has not pressed that contention and submitted that the order releasing the respondent on probation may not be upset but the appellant may be compensated for the injuries suffered at the hands of the respondent.

(3.) I find merit in the contention of the counsel for appellant. He suffered grievous injury at the hands of the respondent. The order of the lower appellate Court directing the respondent to pay the litigation costs of Rs. 1,000/ - is set aside and it is directed that the respondent shall pay Rs. 1,000/ - as compensation to the appellant. The costs of litigation, if already paid by the respondent, shall be treated as compensation.