JAGDISH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant revision has been filed by the complainantpetitioner seeking to challenge the judgment dated 02.12.2013, passed by the learned Appellate Court whereby the accused-respondents No. 2 to 6 were directed to be released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958, on their furnishing bonds in the sum of Rs. 20,000/- with one surety in the like amount each for a period of two years and on payment of certain amount as compensation, upholding the conviction recorded by the learned trial Court.

(2.) The occurrence took place on the night of 02.04.2007 during the marriage function of son of Manohar Lal in which accused Sita Ram while dancing on DJ floor had an altercation with Vinod S/o Leelu Ram (sister's son of complainant). That dispute was patched up. However, when the barat returned, Vinod disclosed the entire episode to Ram Kumar and Jai Narain, brothers of complainant. At about 8.30 p.m. respondents No. 2 to 6, namely; Puran Chand, Sita Ram, Mukesh, Sandeep and Kuldeep are stated to have entered the house of complainant by scaling over the wall. They were armed with weapons and caused injuries on their person. The learned trial Court convicted respondents No. 2 to 6 for offences under Sections 147/148/323 and 452 of the Indian Penal Code (IPC) and awarded them certain sentences out of which maximum sentence was under Section 452 IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- each and in default to further undergo simple imprisonment for a period of 15 days each.

(3.) The learned Appellate Court, however, modified the sentence with a direction to release the private respondents No. 2 to 6 on executing bonds of good conduct in the sum of Rs. 20,000/- with one surety in the like amount each for a period of two years. The learned Appellate Court had also directed the accused persons to pay an amount of Rs. 3000/- each as compensation to the victims, namely; Jagdish and Vinod.