RAMESH Vs. SUMIT AND OTHERS

JUDGEMENT

(1.) Present revision petition is directed against the judgment dated 08.09.2017 passed by learned Additional Sessions Judge, Bhiwani, whereby respondents No.1 and 2/accused were ordered to be released on probation on their furnishing probation bonds in case F.I.R. No.49 dated 22.01.2015 under Sections 323, 325, 341 read with Section 34 of the Indian Penal Code (for short, 'IPC'), registered at Police Station Sadar, Bhiwani.

(2.) Learned counsel for the petitioner contended that learned Additional Chief Judicial Magistrate, Bhiwani, acquitted respondents No.1 and 2/accused vide judgment dated 25.07.2016. The petitionercomplainant filed appeal before the Court of Sessions and learned Additional Sessions Judge, Bhiwani, while accepting the said appeal convicted both the accused persons for commission of offence punishable under Sections 323, 325, 341 read with Section 34 IPC. However, learned appellate Court ordered release of the accused persons on probation on their furnishing probation bonds in the sum of Rs.50,000/- with one surety in the like amount each under Section 360 Cr.P.C. and the accused persons were directed to pay compensation to the complainant-injured.

(3.) Learned counsel for the petitioner further contended that though learned Additional Sessions Judge, rightly held the accused persons guilty and convicted them under Sections 323, 324 and 341 read with Section 34 IPC, but without considering the character and antecedents of the accused persons, ordered to release them on probation, whereas they should have been ordered to be sentenced substantially by sending them behind the bar.