KARTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment, dated 23rd December, 1992, passed by Sub Divisional Magistrate, Mahendergarh and the judgment dated 4th July, 1995, passed by learned Additional Sessions Judge, Narnaul.

(2.) THE learned Sub Divisional Judicial Magistrate, Mahendergarh, vide judgment dated 23rd December, 1992, convicted the appellant under Sections 325/34 Indian Penal Code. Under Sections 325/34, both the appellants were sentenced to undergo R.I. for one year and a fine of Rs. 1,000/- (in default of payment of fine, to undergo RI for 2 months); under Sections 324/34, IPC, they were sentenced to undergo RI for six months and to pay a fine of Rs. 500/- in default of payment of fine to further undergo RI for three months); and under Sections 452/34, IPC they were sentenced to undergo RI for three months and to pay a fine of Rs. 500/- (in default of payment of fine to undergo RI for one month). All the sentences were to run concurrently.

(3.) MR . Gupta, learned counsel appearing for the petitioner, submits that in the present case, the FIR was lodged after 2 days and there is no satisfactory explanation for lodging the FIR late by two days. He further submits that the injured were not even admitted in the hospital and the grievous injury alleged to have been caused by the appellant is on the wrist of the left arm and as such is not on the vital part of the body. Lastly, the learned counsel submitted that the petitioners had been facing the trial for the last over 6 years and they have already undergone sentence for a period of two months and 7 days. He further submitted that this is the first offence committed by the petitioners, and keeping in view these facts, a lenient view in the matter should be taken and the petitioners should be released on probation. In support of this submission, he placed reliance on a judgment of the Supreme Court in Hansa v. State of Punjab, AIR 1977 SC 1991, and a judgment of this Court in Abnash Chander v. State of Punjab, 1978-82 Supp. Chandigarh Law Reporter 160.