The Court holds that it is a mandatory duty for sentencing courts to consider the grant of probation to first-time offenders who have not committed offences punishable by death or life imprisonment, and reasons must be recorded if the court decides against granting such benefit.

TRIBHUVAN DAHIYA, J. (ORAL)

These cases are being decided together as the same have been filed against judgment, dated 16.12.2005, passed by learned Additional Sessions Judge, Narnaul, in case FIR no.91 dated 02.05.1999, under Sections 148, 149, 323, 325, 452 of the Indian Penal Code, 1860, registered at Police Station Kanina, whereby appellants/Pawan Kumar and Ram Singh in the aforementioned two appeals, CRA-S-73-SB-2006 and CRA-S-74-SB-2006, have been convicted and sentenced to undergo rigorous imprisonment for a period of three years, whereas appellants/Vidha Devi, Banti, Maya Devi and Mishro have been convicted and released on probation of good conduct. The revision petition, CRR-1124-2006, has been filed seeking enhancement of sentence awarded to the aforementioned appellants.

Brief facts of the prosecution case have been recorded in the impugned judgment, which are as under:

The facts of the prosecution case in brief are that complainant Prabhu Dayal got recorded his statement to Hans Raj ASI to the effect that he is resident of village Sihore and is an agriculturist. He has further stated that he has four sons namely Devender, Yashwant, Ram Chander and Hari Kishan. He has stated that he entered into an agreement for purchase of two plots with Ram Singh and Jhabar sons of Chet Ram Caste Ahir resident of village Sihore which are two separate plots and has paid Rs.80,000/- and Rs.70,000/- as earnest money. He has also stated that he has been living in those plots for the last two and a half years. He has stated that Ram Singh and Jhabar has filed a suit in the court regarding these plots in which no stay has been granted by the court. It is further stated that on 1.05.1999 at about 7.30/8.00 PM he and his sons namely Yashwant and Ram Chander and wife of his son Ram Chander namely Sunita were putting the thatched material of Chhan of the plot which he had taken from Jhabar in the trolley, in the meanwhile, Jhabar and Ram Singh sons of Chet Ram caste Ahir resident of village Sihore and Rambir alias Pirthi, Ram Niwas alias Ramu sons of Jhabar and wives of Jhabar, Ram Singh, Pirthi and Ram Niwas came there with jaili, lathi, gandasi and iron rod entered inside his house and started saying that the thatched roof of the chappar be not put in the trolley and asked to keep the same back on the roof. On his saying that the chappar had broken a new one is to be constructed, on this Jhabar and Ram Singh started giving him abuses and Pirthi alias Rambir gave a gandasi blow which hit his left eye. Ram Singh gave a jaili blow on his left shoulder. Ram Niwas gave a blow with saria on his left rib and the families of Ram Singh and Jhabar started beating his sons Yashwant and Ram Chander. On raising their alarm, Chandgi son of Umrao resident of Sihore and Satbir son of Sohan Lal and Dharambir son of Ganeshi Lal rescued them from the clutches of the accused. He has further stated that later on, his son Devender came with a tractor upon which Ram Singh and Jhabar's families also beat him. He has stated that they have also caused injuries to the accused in their self-defence, the accused.

Based upon the evidence brought on record, learned trial Court held that appellants/convicts were the aggressors and the complainant party had caused injuries to PW Prabhu Dayal etc. only in self-defence. The findings to that effect are as under:

However, under the facts and circumstances of the present case I do not concur with this plea raised by learned defence counsel. First of all, PW6 Hans Raj who is Investigating Officer, has deposed that during investigation it was found that present accused Ram Singh etc. were the aggressors. Now as per site plan Ex. PP the occurrence is inside the house of Prabhu Dayal. Then PW5 Dharambir has deposed that as per investigation, Ram Singh etc. were the aggressors as they traveled two/two and a half kilometer to reach at the spot. Now coming of the accused from a distant place to the house of Prabhu Dayal where the oc