The court considered the mandatory provisions of Section 360 of the Code of Criminal Procedure and the principles of sentencing, including proportionality and deterrence, in reaching its decision.

Ashutosh Kumar, J.

1. The judgment and order dated 09.07.2015 passed by the learned Additional Sessions Judge-02, West, Delhi in Crl. Appeal No.24/4/2015 arising out of FIR No.772/1997 (P.S. Vikas Puri) whereby the conviction of the respondents under Section 325/34 of the IPC has been upheld and they have been directed to furnish probation bond for the period of one year from the date of the order in the sum of Rs.25,000/- with one surety of like amount along with fine of Rs.20,000/- each (total sum of Rs.1 lakh) to be paid to the petitioners in the ratio of 2/3rd and 1/3rd, depending upon the nature of injuries sustained by them, has been assailed on the ground of the respondents being dealt with lightly so far as the sentencing is concerned.

2. The accused persons namely Kanta Devi (Respondent in Crl. Rev. P. No. 577/15), Deepak @Rajesh (Respondent in Crl. Rev. P. No. 578/15), Pradeep @Pappu (Respondent in Crl. Rev. P. No. 579/15), Bittu @Sanjay@Suraj Singh (Respondent in Crl. Rev. P. No. 580/15) and Anil (Respondent in Crl. Rev. P. No. 581/15) were charged for the offences under Sections 323/326/34 of the IPC for having assaulted and caused grievous hurt to petitioner No.1 and simple hurt to petitioner No.2.

3. On 15.12.1997, petitioner No.1 was accosted by the respondents and was assaulted near house No.P-7, Mohan Garden. Petitioner No.2 also, who had come to the rescue of petitioner No.1, was assaulted. A PCR call was made on which Head Constable Rajpal (PW-4) took the petitioners to DDU Hospital.

4. Upon receipt of DD No.25A Head Constable Manraj (PW-3) along with SI Sultan Singh (PW-9) reached the spot and learnt that the injured persons have been sent to DDU Hospital. The MLC of the petitioners were collected. The statement of petitioner No.1 was recorded which led to the registration of FIR No.772/1997 in Vikas Puri Police Station for the offence under Sections 323/326 and 34 of the IPC.

5. During trial, nine witnesses were examined, though two of the witnesses were given the same number as PW-7.

6. Petitioner No.1 was examined as PW-1 who supported the prosecution version and spoke about specific overt act of all the respondents. The story of assault has also been supported by ASI Rishi Pal (PW-2), Head Constable Manraj (PW-3) and Head Constable Raj Pal (PW-4).

7. J.C. Vashisht (PW-5) has testified before the Trial Court that petitioners were examined by Dr. Vivek Sharma and Dr. Preeti and two separate MLCs were prepared namely MLC No.10667 and 10669 respectively.

8. Petitioner No.1 received grievous injuries whereas petitioner No.2 received simple injuries. Smt.Swarna Sharma (PW-6) has also supported the prosecution version.

9. Dr. Amitabh Bhasin (PW-7) examined the X-ray plates of the petitioners and did not find any fracture in them.

10. Three defence witnesses were examined by the respondents namely Deepak @ Rajesh (DW-1), Jarnail Kumar (DW-2) and Vinod Kumar (DW-3).

11. The learned Trial Court namely the Metropolitan Magistrate West-05, Delhi, on analysis of facts and records, convicted the respondents under Sections 325/34 of the IPC and sentenced them to undergo RI for one year, fine of Rs.1 lakh each and in default of payment of fine one month SI for the offence under Sections 325/34 of the IPC vide judgment and order dated 20.12.2014.

12. The aforesaid judgment and order of conviction and sentence was challenged by the respondents in Crl.Appeal No.24/4/2015 wherein the respondents conceded to their conviction under Section 325 of the IPC but only questioned the quantum of sentencing viz a viz the offence.

13. The Appellate Court, on careful consideration of the relevant circumstances, upheld the conviction of the respondents under Section 325 of the IPC but reduced the sentence to their furnishing probation bond in the sum of Rs.25,000/- for a year from the date of the order along with one surety of the like amount and fine of Rs.20,000/- each (total sum of Rs. 1 lakh) in default of which the respondents were d