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SANJAY VASHISTH
Vinod – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sanjay Vashisth, J.
By this judgment, I propose to dispose of Criminal Appeal No. CRA-S-1615-SB-2008 and Criminal Revision No. CRR-2262-2008, which have been filed against the judgment of conviction dated 06.08.2008 and order of sentence dated 07.08.2008, passed by learned Additional Sessions Judge, Hisar, in Sessions Case No. 2 of 2005, dated 06.01.2005, in case FIR No. 642, dated 16.09.2004, under Sections 148 , 149, 323, 324, 326, 307 and 506 IPC, registered at Police Station Sadar, Hisar.
1(i). Vide judgment of conviction dated 06.08.2008, all the seven accused, namely, (1) Vinod, (2) Balbir Singh, (3) Rajbir, (4) Satbir, (5) Raju, (6) Smt. Sheela, and (7) Sushil, were held guilty and convicted for the offences punishable under Sections 148 , 307, 323 and 324 read with Section 149 & 506 IPC, and vide order of sentence dated 07.08.2008, they were ordered to undergo the sentence, as under:-
| Under Section | Sentence | Fine | In Default |
| 148 IPC | 1 year R.I. each | -- | -- |
| 307/149 IPC | 5 years R.I. each | Rs. 2,000/- each | 3 months R.I. each |
| 323/149 IPC | 6 months R.I. each | -- | -- |
| 324/149 IPC | 1 year R.I. each | -- | -- |
| 506/149 IPC | 6 months R.I |
The court emphasized that mere injuries do not equal grievous hurt unless permanence is established, and the prosecution must prove guilt beyond a reasonable doubt despite the non-examination of inde....
(1) For deciding just and appropriate sentence to be awarded for an offence, aggravating and mitigating factors and circumstances of which crime has been committed are to be taken into consideration ....
The conviction under grievous assault was overturned as injuries did not meet statutory criteria, affirming that non-examination of independent witnesses does not invalidate credible direct evidence.
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