SUSHIL KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Accused Karambir and Dharambir, both sons of Babu Ram and Avdesh Kumar son of Fakir Chand, all of them being accused in FIR No.227 dated 26.11.2009 for the offences under Sections 323, 452 read with Section 34 IPC, registered with Police Station Jakhal faced trial by Sub Divisional Judicial Magistrate, Tohana, District Fatehabad and the trial Magistrate vide judgment dated 6.10.2012 convicted all the three accused for the offences under Sections 323, 452 read with Section 34 IPC and by order dated 11.10.2012 sentenced them to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- each and in default thereof, to further undergo simple imprisonment for a period of one month for the offence under Section 452/34 IPC and further to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/- each and in default thereof, to further undergo simple imprisonment for a period of ten days for the offence under Section 323/34 IPC, both the sentences were ordered to run concurrently.

(2.) Feeling aggrieved, the accused-convicts have preferred an appeal in the Court of Sessions, which was disposed of by learned Additional Sessions Judge, Fatehabad vide judgment dated 21.10.2014 thereby conviction of the accused was maintained, however, in place of sentence, they were ordered to be released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958 and they were directed to pay a sum of Rs. 8,000/- each as compensation to injured Sushil Kumar.

(3.) The complainant felt aggrieved by the said order granting benefit of probation to the accused/convicts and he has filed the present revision petition praying that the impugned judgment/order dated 21.10.2014 be modified and accused be actually sentenced in terms of the sentence awarded by the trial Magistrate.