Research › Browse › Judgment

Rajasthan High Court · body

1993 DIGILAW 716 (RAJ)

Kuodan s/o Narain v. State of Rajasthan

1993-11-03

RAJESH BALIA

body1993
JUDGMENT 1. - Heard learned counsel for the petitioner as well as public prosecutor. 2. This revision is directed against the common judgment of the Session Judge, Jodhpur in appeals No. 4/93,55/93 and 5t/93. The charge under sections 457 and 380 Cr. PC were announced to the petitioner on 20th April 1993 in three cases by the Judicial Magistrate No. 4, Jodhpur. The petitioner admitted his quilt before the court. On that basis he was convicted. After hearing the petitioner as well as assistant public prosecutor, learned Judicial Magistrate sentenced him to two years rigorous imprisonment and Rs. 300/- fine under section 457 Cr. PC and one year's rigorous imprisonment and Rs. 250/- fine under section 380 Cr PC in each case. In the two cases the sentence were ordered to run concurrently. No order was passed for running the sentence concurrently in criminal case No. 1141/92 subject to appeal No. 55/93 3. Aggrieved with the aforesaid orders the petitioner preferred three separate appeals No 54/9', 55/93 and 56/93. Appeals No. 54/93 and f6,i93 were rejected and appeal No, 55,93 was partially allowed by directing that sentence will run concurrently. 4. Aggrieved with the aforesaid decision accused has preferred single revision against decision of three appeals challenging the order in respect of three appeals. 5. The main grievance of the petitioner is that in the facts and circumstances of the case that punishment awarded is too harsh and the petitioner ought to have been released by awarding sentence to the extent be has already undergone imprisonment. 6. Learned public prosecutor opposes the contention raised by learned counsel for the petitioner. 7. Having considered the facts and circumstances of the case I am of the opinion that ends of justice would be met if the sentence of imprisonment under section 457 awarded in each case is reduced to 15 months. 8. The revision is accordingly allowed to the extent that sentence of imprisonment under section 457 in each case under consideration is reduced to 15 months rigorous imprisonment.Revision partly allowed. *******