HOLA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two petitioners, namely, Hola Ram and Krishan Lal were tried and convicted by the Sub-Divisional Judicial Magistrate, Gohana, under sections 325/34 and 324/34 of the Indian Penal Code. The learned Magistrate did not sentence them to any term of imprisonment but imposed a fine of Rs. 300 on each, in default simple imprisonment for one month each under section 325/14 of the Indian Penal Code and a fine of Rs. 200 on each, in default simple imprisonment for one month each under section 324/34 of Indian Penal Code. The appeal was carried to the Court of Sessions where it substantially failed inasmuch the learned Additional Sessions Judge, Sonepat, gave the benefit of probation to both the petitioners and ordered each of them to pay Rs. 350 towards costs of proceedings and Rs. 150 as compensation to Vir Bhan injured. The petitioners came up in revision to this Court. The revision was admitted qua Krishan Lal petitioner alone by A. S. Bains, J., vide his order dated 13th January 1983, which reads as under: Notice regarding Krishan Lal, petitioner, as according to D.W. 4 Pal Chand, Headmaster of the Govt. High School, Shamri, he was on duty on the date of occurrence. The petition is dismissed qua Hola Ram, petitioner.

(2.) Dr. R. A. Gupta P.W. 1, who medically examined Vir Bhan, found two visible injuries on his person, one of which was an incised wound and the other was a bruise.

(3.) The prosecution case is that Vir Bhan P.W. received the injuries in an occurrence which took place on 25th November, 195Q, at 8 a.m. Krishan Lal petitioner who is a Science teacher in Government High School, Shamri, produced the headmaster of the school, Shri Pal Chand as D.W. 4, who deposed that the distance between the village where the occurrence took place and the school is about 18 km and that this petitioner was assigned the duty of coaching the students in the morning and the evening and that he used to reside in the school itself in those days. According to his evidence, this petitioner was present at village Shamri on the 24th evening and 25th morning. The learned appellate Court has brushed aside the evidence of the headmaster to the school without assigning any cogent reasons. He has not disbelieved his statement in so many words. All that it has stated is that the distance between Shamri and Gohana is about 18 km and that this petitioner could have covered the distance in less than half an hour by bus. I think, in view of the evidence of Shri Pal Chand D.W. 4, the benefit of doubt should be given to the petitioner. Consequently I allow his revision and set aside his conviction and the order directing him to furnish surety and personal bonds under section 360 of the Code of Criminal Procedure. Revision of second petitioner allowed.