Court No. - 55
Case :- CRIMINAL REVISION No. - 3512 of 2003 Revisionist :- Girdhar Gopal Opposite Party :- Kamal Kumar @ Kaju And Others Counsel for Revisionist :- H.K. Sharma Counsel for Opposite Party :- A.G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Case taken up in the revised list. None is present on behalf of the revisionist to press this revision. Learned A.G.A. is present.
This revision has been filed against the judgment and order dated 25.09.2003, passed by Additional Sessions Judge, Chandausi, District Moradabad, in Sessions Trial No. 1248 of 2000 convicting the revisionist under Sections 323/34, 325/34, 504, 506 I.P.C. but instead of sending the convicts to jail, they were given the benefit of Section 4 of the Probation of Offenders Act.
It appears from the impugned judgment that the accused persons namely Kamal Kumar @ Kaju, Vishnu, Kalicharan and Abhishek were tried for the offences under Sections 323, 504, 506, 307 I.P.C. and on evidence the conclusion was arrived at by the learned trial court that the offence under Section 307/34 I.P.C. was not made out and, therefore, instead of convicting the accused for the aforesaid offence, has released them on probation.
Aggrieved by the impugned order, the informant Girdhar Gopal has filed this revision stating that from the evidence of the prosecution, it is clear that serious injuries were cause to Ram Kishore, Umesh Kumar and Dinesh Kumar but the learned trial court has committed manifest error by giving benefit of Section 4 of the Probation of Offenders Act and instead of sending the convicted accused persons to jail, released them on probation of two years.
The release of the convicted accused persons namely Kamal Kumar @ Kaju, Vishnu, Kalicharan and Abhishek is illegal and is not sustainable under the law. Therefore, that part of the impugned judgment should be set aside and the accused persons should be sentenced for a considerable period of imprisonment.
None was provided ample discretion to the trial court to apply the provisions of Probation of Offenders Act. It is settled law that the benefit of probation should be extended to the persons who have been convicted for the offences punishable by less than seven years imprisonment. It is also settled law that where in appropriate cases, the learned trial court declines the prayer of probation, reason should be assigned.
The reason assigned for giving the benefit of probation by the learned trial court in the impugned judgment has been that one of the accused was 18 years old and was a student and other three accused persons were his real brothers and there existed a dispute between the parties with regard to tenancy. There was no criminal antecedent of the accused persons. It was also found that the whole incident took place because of the dispute of tenancy between the parties.
The learned trial court also found that only one of the injured person suffered one visible injury which was a small fracture and the others did not sustain any visible injury, therefore, in the facts and circumstances of the case, the benefit of probation was given to the opposite parties.
Since then fifteen years have elapsed and it appears that this revision is awaiting admission, whereas, the probation period was simply two years, hence, the purpose of the revision appears to have become infructuous.
On the merits also, the order giving benefit of probation for the aforesaid offences is a discretion assigned to the trial court and in a fit situation that discretion is required to be exercised and where it appears that the purpose of conviction and sentence could be served by probation, the learned trial court is justified legally in according that benefit.
In view of above, I do not find any material irregularity, illegality or jurisdictional error in the impugned order and no fruitful purpose is going to be served by keeping this revision pending, hence, the revision has got no force and is liable to be dismissed.
The revision is dismissed accordingly at the admission stage.
Interim order, if any, stands vacated.
Order Date :- 26.11.2019 sailesh