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2008 DIGILAW 213 (RAJ)

Amarlal S/o Ramlal v. State of Rajasthan

2008-01-24

NARENDRA KUMAR JAIN

body2008
JUDGMENT 1. - Heard learned counsel for the parties. 2. Both the courts have recorded a concurrent finding of fact that accused-petitioner has committed an offence under Section 457 and 354, IPC, and consequently awarded a sentence of two years simple imprisonment with fine of Rs. 800/- under Section 457 IPC and sentence of one year simple imprisonment with fine of Rs. 500/- under Section 354 IPC. 3. The submission of learned counsel for the petitioner is that there was delay in lodging he first information report and the enmity in between both the parties has been admitted by PW-1, therefore, the order of conviction passed by the trial court and affirmed by the appellate court is liable to be set-aside. 4. He has also contended that looking to all the facts and circumstances of the case, the sentence of imprisonment may be reduced. 5. I have considered the submissions of learned counsel for both the parties and, after considering the same in the light of findings of both the courts below, I find that both the courts below have recorded a concurrent finding of fact about offence committed by the accused. 6. The entire prosecution case cannot be thrown out only on the ground of delay in lodging the FIR. The said aspect has been considered and delay in lodging the FIR has not been found to be fatal in the present case. 7. So far as the enmity in between both the parties, it is considered that it is a double-edged-weapon and it cannot (sic.) be used by both the parties. 8. I do not find any merit in the submissions of learned counsel for the petitioner. The order of conviction passed by the trial court and affirmed by the appellate Court is accordingly upheld. 9. So far as sentence of imprisonment awarded by the trial court and affirmed by the appellate court is concerned, I find that the same is excessive looking to the facts and circumstances of the present case, and I think it fit and proper that ends of justice would meet in case the sentence of two years simple imprisonment under Section 457 IPC is reduced to a period of one year simple imprisonment and sentence of one year simple imprisonment under Section 354 IPC is reduced to six months simple imprisonment. 10. Consequently, the revision petition is partly allowed. 10. Consequently, the revision petition is partly allowed. The order of conviction passed against the petitioner by the trial Court and affirmed by the appellate Court is affirmed. However, the sentence under Section 457 IPC is reduced from 2 years SI to one year SI with fine of Rs. 800/-, in default of payment of fine to further undergo seven days simple imprisonment; and the sentence under Section 354 IPC is reduced from 1 year SI to six months SI with fine of Rs. 500/-, in default of payment of fine to further undergo five days simple imprisonment. 11. The accused-petitioner is on bail, therefore, he is directed to surrender himself before the trial court to serve the remaining sentence of imprisonment.Revision Petition allowed. *******