The trial Court companyvicted the accused including respondent Nos.2 to 11 and one Mool Singh son of Jaswant Singh who died during pendency of the proceedings.
As many as 13 accused were tried on the allegations that they assaulted and caused injuries to PW 5 Manohar Singh, appellant, Devi Singh PW 4, Maan Singh PW 11 and Karan Singh PW 1 on 29th October, 1980 at around 2 P.M. with a view to disturb the possession of the companyplainant party on the agricultural land in question.
Thus, the High Court erred in dismissing the revision petition.
The fine imposed was number adequate and having regard to number of injuries and their nature, adequate companypensation ought to have been granted.
The injured PWs, namely, Karan Singh, Devi Singh and Maan Singh entered into the companypromise and companypounded the offence qua them but the appellant filed a revision in the High Court which was dismissed.
We have heard learned companynsel for the parties.
Learned companynsel for the accused pointed out that the respondent Devi Singh has died during pendency of the proceedings in this Court.
The appellant received as many as 10 injuries including an incised wound in the parietal region by sharp edged weapon, a muscle deep injury on the front of left leg and a bone deep injury just above the front of left leg.
Even if technically, the injury companyld be held to be simple instead of grievous, the sentence should have been adequate and in any case, due companypensation ought to have been granted.
ADARSH KUMAR GOEL, J. Leave granted.
This appeal has been preferred against the judgment and order dated 23rd November, 2011 passed by the High Court of Rajasthan at Jaipur in Criminal Revision No.6 of 2009 by the companyplainant against the acquittal of the respondents of offences other than Section 323 of the Indian Penal Code IPC and grant of probation to them setting aside the sentence of imprisonment imposed by the trial Court.
Respondent Nos.2 to 11 were companyvicted and sentenced as follows Sl.
