1988 Supreme(Raj) 386
RAJASTHAN HIGH COURT
J.R.Chopra, J.
Zahoor Mohd. - Appellant
Versus
State - Respondent
S.B. Criminal Appeal No. 411 of 1978 (against the judgment of the learned Addl. Sessions judge No. 2 Jodhpur dated 11.8.1978 passed in Cr. case No. 3 of 1978).
Decided On : 12-01-1988
The court applied the Probation of Offenders Act to grant leniency to the accused due to their age at the time of the incident, while also finding them guilty under the relevant section of the Indian Penal Code.
Headnote:
Probation of Offenders Act - Assault - The court extended the benefit of the Probation of Offenders Act to the accused, who was below 21 years at the time of the incident, and found guilty of causing injuries under Section 324 IPC.
Fact of the Case:
The accused collided with the victim and caused sharp weapon injuries, resulting in the accused being found guilty under Section 324 IPC. The accused was below 21 years at the time of the incident and was extended the benefit of the Probation of Offenders Act.
Finding of the Court:
The court dismissed the appeal, upholding the lower court's decision to extend the benefit of the Probation of Offenders Act to the accused and found the accused guilty under Section 324 IPC.
Issues:
Ratio Decidendi: The accused, being below 21 years at the time of the incident, was granted the benefit of the Probation of Offenders Act, and the court found the accused guilty under Section 324 IPC based on the evidence presented.
Final Decision: The appeal was dismissed, affirming the lower court's decision to extend the benefit of the Probation of Offenders Act to the accused and finding the accused guilty under Section 324 IPC.
JUDGMENT
1. - This appeal held arises out of the Judgment of the learned Addl. Sessions Judge No. 2, Jodhpur dated 11.8.1978 whereby the learned Addl. Sessions Judge has acquitted the accused-appellant Zahoor Mohd. of the offence under Ss. I and 323 1FC, him guilty of the offence under s. 324 IPC. Honed looking to the age of the accused-appellant Zahoor Mohd. on the date of the incident, which happened to be below 21 years, he has extended him the benefit of s. 6 of the Probation of Offenders Act and he has been ordered to pay Rs, 200/- as compensation to the injured.
2. The facts necessary to be noticed for the disposal of this an briefly stated are : that P.W. 2 Abdul Hasan was going from his house tow Baraba Mohalla, Jodhpnr on 9.7.1977 alongwith PW. 3 Sukhiya and/PW. 6 Inderdeo. It is alleged that when they reached near Ghantaghar, accused-appellant Zahoor Mohd. collided with him and caused him sharp weapon injury with a knife. Although, it is alleged that he was accompanied by some other persons So far as causing of injuries is concerned, it is alleged against accused appellant Zahoor Mohd. that he alone caused as many as 6 sharp weapon injuries to Abdul Hasan. All the three eye witnesses of the occurrence have categorically stated that it was accused Zahoor Mohd. who was armed with a knife & it was he, who collided with Abdul Hasan & thereafter took out the knife from his pocket & inflicted injuries to him Injuries, of course, have been found to be simple in nature and, therefore, the learned lower court although held the accused Zahoor Mohd. guilty of causing injuries to Abdul Hasan acquitted him to the offence under S. 307 and 323 IPC but it has rightly held him guilty under S. 324 IPC. At the time of the occurrence, the accused-appellant Zahoor Mohd was below 21 years and, therefore, the learned lower court has rightly extended to him the benefit of the Probation of Offenders Act. Looking to the nature of the injuries, the compensation that has been awarded also does not need any interference. The accused-appellant Zahoor Mohd. has already furnished the required security bonds and has also deposited the amount of fine.
3. In the result, I find rid force in this appeal and it is here by dismissed.Appeal dismissed.
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