RADHEY SHYAM Vs. BABULAL

JUDGEMENT

(1.) The present petition has been preferred by the complainant. The accused-respondent Babu Lal was tried by the Court of Additional Chief Judicial Magistrate, Bandikui, District Dausa. He was held guilty of offence under Section 325 I.P.C. and, was sentenced to undergo simple imprisonment of one year and to pay fine of Rs. 500/- and in default thereof to further undergo simple imprisonment of one month.

(2.) Aggrieved of the same, the accused-respondent preferred an appeal. The Appellate Court upheld the conviction to release the accused-respondent on probation for the period of one year under the provisions of Probation of Offenders Act and awarded Rs. 1,000/- as compensation to the injured Radheyshyam. Learned counsel for the petitioner complainant at the outset has submitted that since period of probation is over, he will not assail the order, releasing the accused-respondent on probation but shall pray that the amount of compensation be enhanced.

(3.) I have given due consideration to the arguments advanced by the counsel for the complainant. The petitioner had suffered grievous injury. A rancour shall always persist in the mind of victim, that, he having suffered the fracture has not been able to take the accused to task. It is true that cost has not been awarded commensurate to the injury suffered by the complainant. The injury suffered by the complainant on the body and psychological scar in the mind is required to be healed by applying balm to the wounds which complainant is nursing till today. Legislature has enacted Section 357A Code of Criminal Procedure calling upon State to formulate the victim compensation scheme. Taking into account that complainant is nursing his grievance from last sixteen years, the District Legal Service Authority, Dausa is directed to pay Rs. 5,000/- as compensation to the petitioner victim. The amount of compensation shall be paid by the District Legal Service Authority within three months from the receipt of certified copy of this order.