RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed against the order dated 4.12.1992 passed by the Additional Sessions Judge, Jind whereby the conviction of the petitioner for an offence under section 323 of the Indian Penal Code recorded by the Chief Judicial Magistrate, Jind by his judgment dated 21.7.1992 has been confirmed but the sentence of imprisonment and fine imposed upon him have been set aside and the petitioner has been ordered to be released on probation of good conduct on his executing a bond in the sum of Rs. 3000/- with one surety in the like amount for a period of one year.

(2.) CRIMINAL Revision No. 751 of 1993 has been filed by Shri Nand Kishore Gupta, the complainant, against the same judgment passed by the Additional Sessions Judge, Jind challenging the order granting probation to the petitioner Ram Niwas and praying that substantive sentence of imprisonment be imposed upon him.

(3.) A charge under sections 323/506 of the Indian Penal Code was framed against the petitioner to which he pleaded not guilty and claimed trial. In support of its case, the prosecution examined Shri Nand Kishore (PW-1), Shri Sushil Kumar (PW-2), Shri Sat Parkash Bhatnagar (PW-3), Doctor Yogesh Kumar Sharma (PW-4), A.S.I. Surjit Singh (PW-5), Doctor Prem Kumar (PW-6) and Sub Inspector Karan Singh (PW-7).