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1996 DIGILAW 282 (RAJ)

Jamaluddin v. State of Rajasthan

1996-03-15

D.C.DALELA

body1996
JUDGMENT 1. - The learned counsel for both the sides have requested that the matter may be disposed off at this stage of admission. 2. Accordingly the arguments have been heard. The learned counsel for the petitioner has stated at Bar before me that he does not challenge the conviction but only prays for the leniency in the sentence. 3. The learned Public Prosecutor has no objection in taking a lenient view with regard to the sentence. 4. The petitioner has been convicted for the offences Under Sections 279, 337 & 304-A Indian Penal Code. For the offence Under Section 279 Indian Penal Code he has been sentenced to a simple imprisonment of 3 months and a fine of Rs. 250/-, for the offence Under Section 337 Indian Penal Code a simple imprisonment of two months and a fine of Rs. 250/- and for the offence Under Section 304-A Indian Penal Code a simple imprisonment for 2 years and a fine of Rs. 1,000/-. 5. In Simrath Singh v. State of Rajasthan, reported in 1995 Cr.L.R. (Raj.) 344 , this Court has reduced the sentence for the offence Under Sections 304-A Indian Penal Code & 279 Indian Penal Code to the period already undergone, but the fine was increased and the fine so recovered was directed to be paid to the widow of the deceased. In that case the accused had already undergone imprisonment for about a month and five days. In the present case in hand the petitioner has already undergone a imprisonment for a period of one month and seven days. 6. Keeping this ruling in view and having regard to the overall facts and circumstances of the case, I am of the opinion that the interest of justice would be met in this case if the sentence of imprisonment is reduced to the period already undergone by the petitioner and a fine of Rs. 3,000/- (Rs. three thousand) for the offence Under section 304-A Indian Penal Code, Rs. 1,000/- (Rs. one thousand) for the offence Under section 337 Indian Penal Code and a fine of Rs. 1,000/-for the offence Under Section 279 Indian Penal Code are imposed on him. 7. In the result the revision petition is partly allowed. The conviction of the petitioner for the offence Under Section 304-A Indian Penal Code & 337, 279 Indian Penal Code is maintained. 1,000/-for the offence Under Section 279 Indian Penal Code are imposed on him. 7. In the result the revision petition is partly allowed. The conviction of the petitioner for the offence Under Section 304-A Indian Penal Code & 337, 279 Indian Penal Code is maintained. However his sentence for imprisonment is reduced to the period already undergone by the accused petitioner and instead of fine imposed by the trial Court the increased fine of Rs. 3,000/-for the offence Under section 304-A Indian Penal Code, a fine of Rs. 1,000/- for the offence Under Section 337 Indian Penal Code and a fine of Rs. 1,000/- for the offence Under section 279 Indian Penal Code are imposed on him. In default of the payment of the fine the petitioner shall further undergo a simple imprisonment for a period of three months, two months and one month for the offence Under Sections 304-A, 279 & 337 Indian Penal Code respectively. The fine so recovered shall be paid to the widow of the deceased/legal heir of the deceased. The jail authorities be informed accordingly.Revision partly allowed. *******