Under trial for fight over illegal dairy, two let off by court
4 Oct 2012 5:16 AM IST
Two persons, sentenced to six months in jail for assaulting public servants seven years ago for seizing cattle from their illegal dairy, have been let off by a Delhi court on probation.
Additional Sessions Judge Yogesh Khanna released south Delhi residents Mahesh and Kamal on probation noting that the two have stopped their illegal dairy and also suffered the ordeal of seven years of trial.
The ASJ’s order came on an appeal by the duo against their conviction and sentencing by a magisterial court.
‘Both the appellants had suffered trial for more than seven years and now both of them have families to support and they have stopped the illegal diary. So, while maintaining conviction but having regard to the nature of the offence and character of the offenders, it is expedient to release them on probation of good conduct,’ the court said.
The magisterial court had convicted and sentenced the two in June 2012 under section 186 [obstructing public servant in discharge of public functions] and 353 [assault or criminal force to deter public servant from discharge of his duty] of the Indian Penal Code.
It had also imposed a fine of Rs 5,000 on them. The sum was paid as a compensation to the injured MCD officials.
The prosecution had said two MCD officials, including one Pradeep Kumar, were attacked by the accused persons in February 2005 while they were trying to remove their cattle from their illegal diary in posh area of Defence colony in south Delhi.
The prosecution had said the appellants had assaulted and used criminal force to obstruct the MCD officials and voluntarily caused hurt to them by pelting stones on them.
‘No doubt, the reasons given by the magistrate are fully justified, but on sentence, I am of the opinion that regard must be had to the fact that appellants were caught unawares on the day of incident, as admittedly, no notice was ever served upon them by any of the official of MCD or the Delhi police and that they resisted the attempt of the officials.’
The judge while releasing the two on probation directed them ‘to keep peace and be of good behaviour’.
MURDER OVER LAND DISPUTE, ONE ARRESTED
A person has been arrested for shooting dead another man over a property dispute, police said on Tuesday. Wasim, a resident of Kureni in Narela, was arrested from Raja Harish Chander hospital around 11 am yesterday for allegedly murdering one Riyassuddin on 27 September, a senior police official said. Wasim, along with his associate also named Wasim, had fired at Riyassuddin from point blank range.
Additional Sessions Judge Yogesh Khanna released south Delhi residents Mahesh and Kamal on probation noting that the two have stopped their illegal dairy and also suffered the ordeal of seven years of trial.
The ASJ’s order came on an appeal by the duo against their conviction and sentencing by a magisterial court.
‘Both the appellants had suffered trial for more than seven years and now both of them have families to support and they have stopped the illegal diary. So, while maintaining conviction but having regard to the nature of the offence and character of the offenders, it is expedient to release them on probation of good conduct,’ the court said.
The magisterial court had convicted and sentenced the two in June 2012 under section 186 [obstructing public servant in discharge of public functions] and 353 [assault or criminal force to deter public servant from discharge of his duty] of the Indian Penal Code.
It had also imposed a fine of Rs 5,000 on them. The sum was paid as a compensation to the injured MCD officials.
The prosecution had said two MCD officials, including one Pradeep Kumar, were attacked by the accused persons in February 2005 while they were trying to remove their cattle from their illegal diary in posh area of Defence colony in south Delhi.
The prosecution had said the appellants had assaulted and used criminal force to obstruct the MCD officials and voluntarily caused hurt to them by pelting stones on them.
‘No doubt, the reasons given by the magistrate are fully justified, but on sentence, I am of the opinion that regard must be had to the fact that appellants were caught unawares on the day of incident, as admittedly, no notice was ever served upon them by any of the official of MCD or the Delhi police and that they resisted the attempt of the officials.’
The judge while releasing the two on probation directed them ‘to keep peace and be of good behaviour’.
MURDER OVER LAND DISPUTE, ONE ARRESTED
A person has been arrested for shooting dead another man over a property dispute, police said on Tuesday. Wasim, a resident of Kureni in Narela, was arrested from Raja Harish Chander hospital around 11 am yesterday for allegedly murdering one Riyassuddin on 27 September, a senior police official said. Wasim, along with his associate also named Wasim, had fired at Riyassuddin from point blank range.
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