Prahlad Singh S/o Shri Ram Singh Jhakad v. State of Rajasthan
2003-04-28
D.N.JOSHI
body2003
DigiLaw.ai
JUDGMENT 1. - This Criminal Revision has been preferred against the judgment passed by the learned Additional Sessions Judge No. 2, Chittorgarh dated 19.2.2003 in Criminal Appeal No. 12/2002, dismissing the appeal. The accused was convicted u/ss. 279, 337 & 338 IPC as under: " vr% leLr rF;ksa o ifjfLFkfr;ksa dks ns[krs gq, vc bl vfHk;qDr dks /kkjk 279 Hkk0n0la0 ds rjg pkj ekg dk dBksj dkjkokl o 1]000@& :0 ( v{kjs ,d gtkj :i;s ek= ) ds tqekZus ls] /kkjk 337 Hkk0n0la0 ds rgr nks ekg dk dBksj dkjkokl ls o 500@& :0 ( v{kjs ikap lkS :i;s ek= ) ds tqekZus ls] /kkjk 338 Hkk0n0la0 ds rgr pkj ekg ds dBksj dkjkokl ls ,oa] 1]000@& :0 v{kjs ,d gtkj :i;s ek= ds tqekZus ls nf.Mr fd;k tkrk gSA tqekZuk dh jkf'k vnk djus esa pwd djus dh n'kk esa vfHk;qDr dks /kkjk 279 Hkk0n0la0 ds rgr nks ekg dk] /kkjk 337 Hkk0n0la0 ds rgr ,d ekg dk o /kkjk 338 Hkk0n0la0 ds rgr nks ekg dk vfrfjDr dBksj dkjkokl Hkqxrku gksxkA vfHk;qDr n0iz0 lafgrk dh /kkjk 428 ds izko/kkuksa dk ykHk Hkh izkIr djsxkA lHkh /kkjkvksa esa vkjksfir dkjkokl dh ltk,sa lkFk&lkFk pysxhA " 2. Heard learned counsel for the petitioner Shri N.K. Rastogi and the learned Public Prosecutor. 3. Learned counsel does not want to challenge the finding of conviction, but prayed for reduction of sentence to the period already undergone. 4. I have gone through the judgment passed by the Courts below. The accused has been in detention from the passing of the judgment by the learned Appellate Court till today. 5. Therefore, the sentence passed by the learned trial Court and the Appellate Court is reduced to the period already undergone i.e. 19.2.2003 to 28.4.2003 = 69 days. However, the conviction of the accused-petitioner u/ss. 279, 337 & 338 IPC and fine awarded by the trial Court is maintained. 6. The revision petition is accordingly partly allowed. 7. The learned counsel wants two months from today to deposit the amount of fine. 8. Time prayed for is granted. It is further directed that if the petitioner fails to deposit the amount of fine within the aforesaid period, the original judgment of the sentence would stand.Revision partly allowed. *******