RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD at the motion stage. The petitioners were convicted under Section 148, 452, 354/149 and 323/149, Indian Penal Code, by the Judicial Magistrate 1st Class, Kapurthala on 16th February, 1981. They were released on probation in lieu of sentence. It is not clear from the order as to whether they were released under Section 360, Criminal Procedure Code, or under Section 4 of the probation of Offenders Act, 1958. The bond was to operate for a period of three years. They were also required to pay Rs. 100/ - each as compensation to Smt. Roop Rani P.W., the complainant.

(2.) THE petitioners did not challenge their conviction in appeal. However, the Stare treating the probation of the petitioners to be under Section 4 of the probation of Offenders Act, 1958 filed an appeal in Court of Session. The Additional District and Session Judge, Kapurthala accepting it called upon the petitioners to suffer substantive sentences and also ordered them to pay fine. Out of fine, if realised, he ordered a sum of Rs. 2,000/ - to be paid to Smt. Roop Rani complainant as compensation. The petitioners through this petition want the restoration of the order of the trial Magistrate.

(3.) ON notice of motion being issued to the State as also the complainant Smt. Roop Rani, who is present in Court through her Counsel, it transpires that the petitioners have paid Rs. 2,000/ - to her as compensation. The learned counsel for the complainant admits that compensation. It is transpired that Isar Das, petitioner is the uncle of the husband of Smt. Roop Rani (father's brother). Similarly, Ravinder Kumar petitioner is also related to her being the son of Isar Dass petitioner. Others are stated to be the party -men of Isar Dass.