RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT has filed this appeal challenging the order dated 12.01.2012, whereby, respondent Nos.2 to 4 were ordered to be released on probation.

(2.) LEARNED counsel for the appellant has submitted that the Appellate Court had erred in releasing the respondent Nos.2 to 4 on probation. Complainant party had been inflicted injuries by the accused and, therefore, they were rightly sentenced to undergo imprisonment by the trial court. Prosecution story, in brief, is that on 04.07.2003, complainant -appellant Ramesh had gone to his fields along with his wife Mukesh. At about 4.00 p.m. when the complainant reached the fields, then his brother Sant Ram, his wife Murti Devi and their son Satish @ Leelu started abusing them. Satish @ Leelu and Murti Devi were armed with kassi. Sant Ram caught hold of the complainant from behind and Satish @ Leelu gave a kassi blow on the left leg of the complainant as a result of which complainant fell down. Murti Devi gave a kassi blow on the right hand of the complainant. On hearing alarm raised by the complainant, his wife reached the spot and all the accused fled away from the spot. Trial Court vide judgment/order dated 22.09.2011 and 24.09.2011 ordered the conviction and sentence of respondent Nos.2 to 4 qua commission of offence punishable under Section 323, 324 and 506 of the Indian Penal Code, 1860 (in short 'IPC'). Aggrieved against the said judgment/order, respondent Nos.2 to 4 preferred an appeal. The Appellate Court vide impugned order dated 12.01.2012 upheld the conviction of respondent Nos.2 to 4 under Section 323, 324 and 506 IPC but had set aside the order of sentence qua imprisonment and ordered that respondent Nos.2 to 4 be released on probation. Para 17 of the impugned order reads as under: -