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1995 DIGILAW 502 (RAJ)

Bhanwar Singh v. State of Rajasthan

1995-05-23

R.P.SAXENA

body1995
JUDGMENT 1. - This revision petition has been filed against the judgment dated .17.4.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act cases- Cum-Addl. Sessions Judge, Pali, whereby she dismissed the accused petitioner's appeal and confirmed the conviction and sentence recorded by the Addl. Chief Judicial Magistrate, Pali vide his judgment dated 16.2.1993, whereby the petitioner was found guilty for the offence under sections 471/198 and 474 Indian Penal Code and sentenced to six months R.I. and a fine of Rs. 500/- on each count. It was further directed that the substantive sentences shall run concurrently. 2. Shri Pradeep Shah, learned counsel for the accused petitioner has rightly not challenged the conviction of the petitioner, which stands well proved by the evidence recorded in this case. His only contention is that the petitioner is facing investigation, trial and appeal and revision proceedings in this case since 11.2.1981, that after the departmental enquiry, he has, also been dismissed from service and that he has also suffered sentence for a period of more than one month till this date and, as such, keeping in view the aforementioned mitigating circumstances his substantive sentences be reduced to the period already undergone by him. 3. Shri K.L. Thakur, learned Public Prosecutor has stoutly opposed the aforesaid contentions and asserted that the quantum of punishment awarded to the petitioner is not excessive. 4. I have given my thoughtful consideration to the rival submissions. 5. The petitioner, on the basis of a forged Transfer Certificate dated 9.7.1968, got an appointment as a Foot Constable in Pali District and remained in service till the year 1981 when an FIR dated 11.2.1981 was lodged against him, after preliminary enquiry. The petitioner has faced the departmental enquiry and he was dismissed from service. His act was reprehensible. However, he has been facing investigation, trial and proceedings in appeal and revision since Feb. 1981 i.e. for more than 14 years. He is also under detention and undergoing sentence since 17.4.1995. Thus, till this date he has undergone sentence for a period of one month and six days. During this period of 14 years, he has undergone substantial quantum of mental agony, physical harassment and has been put to financial burden. 6. 1981 i.e. for more than 14 years. He is also under detention and undergoing sentence since 17.4.1995. Thus, till this date he has undergone sentence for a period of one month and six days. During this period of 14 years, he has undergone substantial quantum of mental agony, physical harassment and has been put to financial burden. 6. Therefore, keeping in view all the facts and circumstance and the aforementioned mitigating circumstances, to my mind, sentence for the period already undergone by the petitioner and a fine of Rs. 1,000/- on each count would suffice to secure the ends of justice. 7. Accordingly, this revision petition is partly allowed and while maintaining the conviction of the petitioner-Bhanwar Singh for the offence under Section 471/198 and 474 Indian Penal Code, his sentence is reduced from six months R.I. to the period already undergone by him and the fine is raised from Rs. 500/- (Rs. five hundred only) to Rs. 1,000/- (Rs. One thousand only) on each count. In default of payment of fine, he will further undergo S.I. for two months. The Superintendent, Central Jail, Jodhpur, where the petitioner is undergoing sentence, be informed accordingly.Record of the lower Court be sent back immediately.Revision partly allowed. *******