SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed by Shamsher Singh son of Darya Singh and Balbir Singh son of Jujhar Singh who were convicted by the Judicial Magistrate Ist Class, Bhiwani under section 430, IPC. The learned Magistrate instead of imposing the sentence upon the petitioners directed that they be released on probation under the Probation of Offenders Act, subject to their furnishing bail bonds, in the sum of Rs. 3000/- with one surety in the like amounteach, undertaking to keep peace and be of good behaviour for a period of one year and to receive sentence as and when called upon by the Court. The learned Magistrate also burdened the petitioners with Rs. 100/- each as costs of proceedings. The learned Sessions Judge, Bhiwani dismissed the appeal filed by the petitioners against the aforesaid decision.

(2.) MR . H.N. Mehtani, learned counsel for the petitioners has referred to the evidence produced by the prosecution and has submitted that as noticed by the Courts below, the three prosecution witnesses Mann Singh P.W-11. Dharambir PW-2 and Satbir PW-3 had not supported the prosecution and were declared hostile. The only other witness who deposed in support of the prosecution case is Surat Singh, Junior Engineer PW-6. The learned Sessions Judge observed in his judgment that this witness had made a statement contradictory to the prosecution version in regard to a scuffle between the police and the petitioner. According to Surat Singh PW-6, there was no such scuffle. The learned Sessions Judge, however, observed that the witness had suppressed the truth in regard to this part or the prosecution version with a view to help the petitioner. If this is so there was no reliable evidence to connect the petitioners with the alleged offence and the petitioners ought to have been acquitted of the charge framed against them. It is ordered accordingly. The revision petition is thus accepted and the petitioners are acquitted of the charge framed against them. Petition accepted