SANTRA Vs. SUMER SINGH AND OTHERS

JUDGEMENT

(1.) The present appeal has been directed against the judgment dated 05.07.2011, passed by the Additional Sessions Judge, Narnaul, whereby the judgment passed by the trial Court sentencing the accused (respondents No. 1 and 2) for committing offence punishable under Sections 323, 325 read with Section 34 of the Indian Penal Code has been set aside and the accused have been released by giving benefit of probation.

(2.) Counsel for the appellant contends that in the occurrence dated 04.12.2002, Santra Devi and Promila, her daughter sustained injuries at the hands of the assailants while they were on their way for providing medical aid to the child of Promila. Santra Devi sustained seven injuries including fracture on right wrist and her daughter Promila sustained three injuries. It is argued that the learned trial Court, on appreciation of evidence adduced by the prosecution held the accused guilty of committing offence punishable under Sections 323, 325 read with Section 34 of the Indian Penal Code and accordingly, they were sentenced for committing those offences. However, the first Appellate Court of Additional Sessions Judge Narnaul set aside the order of sentence and released the convicts by giving them benefit of probation and the amount of compensation awarded to the injured victims to the extent of Rs.25,000/- to Santra Devi and Rs.5,000/- to Promila is too inadequate. It is argued that keeping in view the sequence of events, nature of injuries sustained by two women and the manner in which the victims were waylaid by taking advantage of their being alone along with a child, the accused do not deserve to be extended benefit of probation. In the alternative, it is submitted that amount of compensation awarded to the victims may be enhanced.

(3.) Respondents No. 1and 2 were being represented by counsel, but no one is present on their behalf to make submissions.