Three men convicted for assaulting their neighbour were denied probationary release by a Delhi court which sentenced them to five years in jail saying their act had resulted in complete loss of vision in one eye of the victim.
Additional sessions judge Ramesh Kumar Singhal sentenced north Delhi residents Virender, Sukhvir and Ramkesh denying their plea for leniency and release on probation on ground of their modest backgrounds.
"The act of all the convicts had deprived the complainant of his vision of one of his eye. Thus, the convicts do not deserve any sympathy of the court, on the point of sentence and are�not entitled to probation," the judge said.
The court noted that the trio shared a common intention of committing culpable homicide not amounting to murder and "all the convicts came together, there was no provocation or encitement on the part of the complainant".
A fine of Rs 20,000 was also slapped on each of them.
The prosecution case was that on April 26, 2010, the trio assaulted their neighbour Chajjan (complainant). The trio were in the habit of picking fights after consuming liquor. Chajjan told the court that his house was being renovated due to which a lot of raw material such as bricks, cement etc were lying on the road by the side of his house.
He deposed that on the day of the incident, the accused came up to him as he was resting outside his house and started misbehaving with him saying he has created a mess on the road. Even when he did not retaliate, the trio started assaulting him and gave him a blow with iron road resulting in grievous injury to his left eye.
They fled from the spot when the victim's family came out of the house hearing the noise and called police.
