PHOOTAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed under sec. 11 of the Probation of Offenders Act against the judgment dated 28. 7. 1993 passed by the learned Additional Sessions Judge, Bali in Cr. Appeal No. 28/91, whereby partly he accepted appellants appeal and while confirming their conviction for the offences under sections 147 & 323 read with 149 I. P. C. recorded by the learned Munsif & Judicial Magistrate, Sumerpur, instead of sentencing them to 3 months' simple imprisonment under each court gave benefit under section 4 of the Probation of Offenders Act and directed each of the appellants to execute a personal bond for Rs. 5000/ to the effect that he shall keep peace and that be of good behaviour for a period of two years and also deposit Rs. 2000/-for costs of the prosecution and the compensation to the injured persons and he further directed that out of the deposited amount each injured person be paid Rs. 1200/- as compensation in lieu of injuries sustained by him. The appellants have deposited Rs. 16000/- at the rate of Rs. 2000/- per appellant in the Government Treasury on 28. 7. 1993.

(2.) BRIEFLY the relevant facts of the case are that on 9. 6. 1989, appellants along with other persons of the Jain community inflicted simple injuries to Jamna Bharti, Okha Ram, Lachha Ram, Hans Raj Kumhar and Kanti Lal Kumhar, who belong to Vaishnav community. On the report lodged by one Bhikha, a case under Secs. 147, 148, 323 and 149 I. P. C. was registered at police Station, Takhatgarh. After investigation a challan was filed against the accused appellants before the learned Munsif & Judicial Magistrate, Sumerpur, who by his judgment dated 14. 6. 1991 found the appellants guilty for the offences under sections-147&323 read with 149 I. P. C. and sentenced each of them to 3 month's simple imprisonment and a fine of Rs. 500/ for the offence under section 147 I. P. C. and 3 months' simple imprisonment and a fine of Rs. 500/ under the second count. The learned Sessions Judge while maintaining the conviction of the accused appellants instead of sentencing them gave the benefit of Section 4 of the Probation of Offenders Act and imposed a penalty of Rs. 2000/- on each of the appellants (accused) and ordered that out of the said amount a sum of Rs. 1200/- be paid to each of the aforesaid injured persons as compensation.

(3.) IN the result, I partly allow this appeal and while maintaining the conviction of the appellants and order of the learned Additional Sessions Judge, Bali, whereby the appellants have been released on probation under section 4 of the Probation of the Offenders Act, I reduce penally imposed on each of the appellants from Rs. 2000/- to Rs. 1000/ and direct that each of [he injured persons namely (1) Jamna Bharti, (2) Lachha Ram Suthar, (3) Okha Ram, (4) Hans-raj Kumhar and (5) Kantilal Kumhar be paid one thousand as compensation instead of Rs. 1200/- from the amount of penalty deposited by the petitioners. The excess amount deposited by the petitioners be refunded forthwith. .