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2009 DIGILAW 1644 (RAJ)

Jitendra Singh v. State of Rajasthan

2009-07-21

MAHESH CHANDRA SHARMA

body2009
JUDGMENT 1. - By filing instant criminal appeal under section 374 Cr.PC. the accused appellants have challenged the impugned judgment of conviction and sentence dated 22.3.2007 passed by Special Judge, Women Atrocities & Dowry Cases, Jaipur City, Jaipur (for short the trial Court') in Sessions case No. 89/04 (144/04) by which he convicted and sentenced the accused appellants as under : section 498A IPC : Three years RI and a fine of Rs. 100/-. In default of payment they shall further undergo three months' RI. section 304B IPC : Seven years' RI and a fine of Rs. 100/-. In default of payment of fine, they shall further undergo three months' RI. Sentences were ordered to run concurrently. 2. Mr. Saxena, counsel for the accused respondents submits that he is not challenging the conviction part of the judgment of the trial Court dated 22.3.2007 but his simple request before this Court is that accused-appellant No. 1 Jitendra Singh has been released from the judicial lock up on certain conditions vide order dated 16.7.2009 which has been issued by the Officer on Special Duty, Home (Jail), though the sentence awarded to both the accused appellants is same; thus, the concerned Jail Authorities/State Government be directed to give the similar treatment to the accused appellant No. 2 Smt. Roop Kanwar, as has been given to accused appellant No.1 Jitendra Singh, by the Officer on Special Duty, Home (Jail). 3. Learned Public Prosecutor opposed the aforesaid submissions of counsel for the accused appellant. 4. In my considered view the submission made by Mr. Saxena, counsel for the accused appellants seems to be genuine and (is) thus accepted. 5. In the result, the criminal appeal is dismissed and I maintain the : judgment of conviction dated 22.3.2007 passed by Special Judge, Women Atrocities & Dowry Cases, Jaipur City, Jaipur in Sessions case No. 89/04 (144/04). However, the concerned Jail Authorities/State Government is directed to give the benefit of remission to the accused appellant No.2 Smt. Roop Kanwar as per the provisions of Section 432 Cr.P.C. or any : other provisions, as has been given in the case of accused appellant No.1 Jitendra Singh. It is expected from the Jail Authorities/State Government to complete the aforesaid exercise within a period of three months from today.Appeal Dismissed with Above Observation. *******