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1999 DIGILAW 1395 (RAJ)

DAYA RAM v. STATE OF RAJASTHAN

1999-11-18

N.N.MATHUR

body1999
Judgment N. N. MATHUR, J. ( 1 ) ON the request of the parties the case is finally taken up for final hearing. ( 2 ) THIS revision petition is directed against the judgment dated 22-10-1999 passed by the learned Addi. Sessions Judge No. 2 Sri Ganganagar upholding the judgment and sentence awarded by the learned Chief Judicial Magistrate. Sri Ganganagar as follows: Under Section 279, I. P. C. To only a fine of Rs. 500/- and in default to further undergo one month S. I. Under Section 337, I. P. C. To 3 months S. I. and to pay a fine of Rs. 200/- and in default to further undergo 15 days S. I. Under Section 338, I. P. C. To 6 months R. I. and to pay a fine of Rs. 500/- and in default to further undergo 1 month S. I. 2. The learned Counsel does not challenge the conviction of the petitioner for the aforesaid offences. However, I have gone through the judgment of the Appellate Court and the trial Court. I have also perused the record. The finding arrived at by two Courts below does not call any interference by this Court in its revisional jurisdiction. ( 3 ) IT is submitted by Mr. Garg, learned Counsel appearing for the petitioner that in the facts and circumstances of the case the sentence awarded is excessive. This prayer has been opposed by the learned Public Prosecutor. Considering the facts and circumstances of the case, in my view, the ends of justice would meet if the sentence awarded is reduced to the period already undergone but, the fine imposed on each count is maintained. ( 4 ) CONSEQUENTLY, this revision petition is partly allowed. The conviction of the petitioner for offence under Sections 279, 337 and 338, I. P. C. is upheld. However, the sentence awarded on each count is reduced to the period already undergone. However, the petitioner shall deposit the amount of fine on each count. Six weeks time is granted for depositing the amount. In case the amount of fine is not deposited, the petitioner will undergo the sentence awarded in default. The petitioner shell be released forthwith if not required in any other case. Revision allowed partly.