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1993 DIGILAW 437 (RAJ)

Kajod v. State of Rajasthan

1993-08-06

Y.R.MEENA

body1993
JUDGMENT 1. - This petition is directed against the judgment dated 9.12.92, whereby the learned Addl. Sessions Judge No. 2, Alwar has upheld the conviction and sentence of the accused-petitioner. 2. The facts of the ease are that on 16.6.83, one Shri Ram lodged a report against the petitioner and others regarding incident. During investigation, the police recorded the statements of witnesses and finally filed the challan for the offences U/s. 323, 325 and 326 Indian Penal Code. After trial, the trial Court came to the conclusion that the petitioner has committed offence under Section 323, 325 and 326 Indian Penal Code and convicted him. The sentences awarded to him are referred in first para of the order dated 9.12.92 of the appellate court. 3. As the learned counsel for the petitioner is not disputing the conviction, therefore, it is not necessary to narrate the entire facts. Learned counsel for the petitioner only prays that either the benefit of probation be allowed or the sentence be reduced to the period already undergone. The sentence awarded to the petitioner under Section 326 Indian Penal Code is one year, and for the other offences, lesser sentences have been awarded which shall run concurrently. The petitioner has already remained in custody for more than 15 days. It is also submitted that this is the only offence, which has been committed so far. 4. Considering the nature of the offence and that this is the only offence which has been committed so far by the petitioner and the fact that the incident relates to the year 1983, I am inclined to reduce the sentence to the period already undergone. 5. In the result, the revision petition is partly allowed. The conviction is upheld. The sentence is reduced to the period already undergone. As the sentence has been reduced to the period already undergone, I prefer to enhance the fine. The petitioner is directed to pay the fine for the offence under Section 323 Indian Penal Code Rs. 400/-, Section 325 Indian Penal Code Rs. 600/- and for the offence Section 326 Indian Penal Code Rs. 1,500/- i.e. in total Rs. 2,500/- within a month, and in default of payment of fine, undergo three months imprisonment. After realising the fine Rs. 2,000/- be paid to the injured as soon as fine is paid by accused. 6. 400/-, Section 325 Indian Penal Code Rs. 600/- and for the offence Section 326 Indian Penal Code Rs. 1,500/- i.e. in total Rs. 2,500/- within a month, and in default of payment of fine, undergo three months imprisonment. After realising the fine Rs. 2,000/- be paid to the injured as soon as fine is paid by accused. 6. With the above observations, this revision petition is partly allowed.Petition partly allowed. *******