SHAKUNTLA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE instant revision petition has been preferred against the judgment of Additional Sessions Judge, Karnal, whereby he upheld the conviction of accused Om Pal and Nathi Ram but he directed them to be released on probation of good conduct.

(2.) LEARNED Counsel for the petitioner has submitted that the lower appellate court had erred in releasing the accused Om Pal and Nathi Ram on probation of good conduct as allegations against them were serious in nature. According to the counsel, the accused had assaulted the family of the complainant and inflicted injuries on them. They thus deserve to be suitably sentenced for the offences committed by them.

(3.) IT is clear that the accused (respondents No. 2 to 4 herein), were found guilty for having committed offences under Sections 323 and 325 IPC. They were thus sentenced by the trial court to undergo simple imprisonment for six months and a fine of Rs. 500/ -, under Section 323 IPC and rigorous imprisonment for two years and a fine of Rs. 500/ - each under Section 325 IPC. However on appeal, the lower appellate court while upholding the conviction of the accused, decided to give benefit of probation to the convicts Nathi Ram and Om Pal and directed that they be released on probation of good conduct on furnishing bail bonds in the sum of Rs. 20,000/ - with one surety of the like amount for a period of two years. However, conviction and sentence of Puran Singh was maintained as such, who had already been released on probation of good conduct by the trial court.