SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of four cases, noticed above, being based on similar facts and having arisen out of the common impugned judgment. Briefly stated, the facts of the present case(s), emanating from the record, are thus:-

(2.) The learned Judicial Magistrate 1st Class, Panipat, ('the trial Court', for short) after hearing the counsel for the parties and appreciating the material/evidence on record, vide judgment and order dated 24/25.01.2012, convicted the accused-Amit, Labh Singh, Subhash, Sanjay and Ramjas, for the commission of offence punishable under Sections 325/323/149 IPC and sentenced them as under:-

(3.) Feeling aggrieved against the judgment and order passed by the learned trial Court, accused-Amit, Sanjay and Ramjas, preferred Criminal Appeal No. 58 of 2012, and accused-Labh Singh and Subhash, filed Criminal Appeal No. 209 of 2012, before the learned Additional Sessions Judge, Panipat ('the Appellate Court', for short). The learned Appellate Court, vide common impugned judgment dated 14.08.2012, partly allowed the appeals and acquitted Ramjas, Sanjay and Subhash, of the charges by giving them benefit of doubt, whereas, Amit and Labh Singh, were convicted under Section 323 IPC only and ordered to be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of one year, on their furnishing probation bonds in the sum of Rs. 10,000/- with one surety in the like amount each.