If people are allowed to take law in their own hands or enter residential premises of others to take forcible possession of properties, then it will be a difficulty for society as a whole, a Delhi court has said.
Denying benefit of probation to three convicts sentenced to varying jail terms in a nearly 27-year-old case, Additional Sessions Judge (ASJ) Sanjeev Jain said these offences were serious in nature and “create fear in the minds of society at large.”
“If the people are allowed to take the law in their own hands or to enter in residential houses of others to cause grievous injuries in order to take forcible possession of the properties, then it will be difficult for the society as a whole.
“These type of crimes creates fear in the minds of society at large. In my opinion, these offences are serious in nature,” the judge said.
The court noted that facts were proved against convicts that in furtherance of their common intention, they forcibly entered into the house of a woman and assaulted her with sharp edged and blunt object.
While dismissing separate appeals filed by convicts Chander?Mohan, a Uttar Pradesh resident, S D Bhandari and Nathi Lal, both Delhi residents, the court upheld the order of conviction and sentence passed by the magisterial court.
The magisterial court had convicted Mohan under sections 326 (voluntarily causing grievous hurt) and 452 (house trespass) of IPC and had sentenced him to one year in jail with a fine of Rs 2,000.
Bhandari and Lal were convicted for the offences under section 323 (voluntarily causing hurt) and 452 of IPC and were sentenced for six months and fined Rs 1,000 each.
The sessions court rejected the contention of convicts that the magisterial court had taken a harsh view on the point of sentence and requested that they be granted the benefit of probation as they do not have any criminal antecedents.
The court dismissed there contentions saying the offences were serious in nature.
According to the prosecution, Mohan, Bhandari and Lal had on March 3, 1988 tried to tresspass into the property of complainant, Sahab Pyari Mishra, and had assaulted her and her daughter over a property dispute between them.
During the adjudication of the case, these accused had pleaded not guilty and claimed trial.