RAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present Criminal Revision Petition has been filed by Ram Pal petitioner challenging the judgment dated 13.02.2013 passed by the learned Additional Sessions Judge, Faridabad, whereby the appeal filed by him, assailing the order of his conviction and sentence recorded by the learned Additional Chief Judicial Magistrate, Faridabad, for the offences punishable under Sections 323 and 325 read with Section 149 of the Indian Penal Code, was dismissed. The present case came up for preliminary hearing before this court on 18.02.2013 and at that time learned counsel for the petitioner opted not to challenge the conviction of the petitioner but submitted that in view of the facts and circumstances of the case, the petitioner should have been released on probation, therefore, notice of motion was issued for consideration of quantum of sentence only.

(2.) THOUGH the learned counsel for the petitioner did not opt to challenge the conviction of the petitioner yet just to satisfy the conscience of this court and to part complete justice to the petitioner, the material available on record has been re -scanned with the valuable assistance of the learned counsel for the petitioner and that of the learned counsel representing the State.

(3.) ON finding a prima facie case, the accused were charged under Sections 148, 323, 325 read with Section 149, IPC to which they pleaded not guilty and claimed trial.