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1992 DIGILAW 275 (MP)

Majboot Singh v. State of M. P.

1992-04-30

T.N.SINGH

body1992
JUDGMENT Heard counsel. Recently, in two cases, relief in the matter of sentence is granted by this Court accepting reliance of counsel on Apex Court decision in Braham Dass ( AIR 1988 SC 1789 ). Those are Cr. Revision No. 82/86 (Mazbut Singh) and Cr. Revision No. 160/85, decided on 27.4.1992 (Gajadhar). For sale of adulterated milk, accused petitioner is suffering sentence of 6 months' R.I. and fine of Rs. 1,000/-. It is submitted that he has undergone sentence for about a fortnight and has deposited the fine. Offence took place in 1983 and for last five years, the revision has pended in this Court. It is also submitted that the petitioner is an agriculturist and he has always been engaged as a farmer. However, conviction is not assailed. In the facts and circumstances of the case, the conviction is maintained, but the sentence is modified. He need not go back to the Jail, but he shall pay fine in another sum of Rs. 500/- to make the total sentence of fine of Rs. 1,500/-. In default, he shall undergo RI for one month.