SHARWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICT Sharwan Kumar, by filing this revision petition, has assailed his conviction and sentence ordered by both the courts below. The petitioner stands convicted under Sections 451, 324 and 323 of the Indian Penal Code (in short ­ IPC) and has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- under Section 451 IPC and to undergo rigorous imprisonment for one year and for six months for offences under Sections 324 and 323 IPC respectively. All the sentences have been ordered to run concurrently. Fine amount was paid in the trial court.

(2.) VIDE order dated 12.04.2013, conviction of the petitioner has been upheld and notice of motion in the revision petition has been issued regarding quantum of sentence only. Custody Certificate of the petitioner, filed today in Court by learned State counsel, is taken on record, subject to all just exceptions. I have heard counsel for the parties and perused the case file.

(3.) THE complainant suffered only simple injuries. According to the MLR, she had an incised wound, a lacerated wound and four abrasions. The injuries are not of serious nature. The petitioner is not reported to be previous convict. There is no special reason to deny the benefit of probation to the petitioner. On the other hand, the petitioner has already remained in custody for 03 months 22 days out of sentence of imprisonment for one year. Thus, it is a fit case in which the petitioner should be released on probation, but also be directed to pay compensation to the injured- complainant.