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2011 DIGILAW 2289 (RAJ)

Lakha Ram v. State of Rajasthan

2011-11-01

SANDEEP MEHTA

body2011
JUDGMENT 1. - Heard. 2. The present criminal revision has been filed by petitioner Lakha Ram challenging the order dated 26.11.1994 passed by the ACJM, Pali in Criminal Case No. 119/1994 whereby the petitioner was convicted under Section 326 I.P.C. and sentenced to undergo 11/2 years R.I. and a fine of Rs. 2,000/- and in default of payment of fine, to further undergo 2 months R.I. The said order dated 26.11.1994 has been affirmed by the learned Additional Sessions Judge, Pali vide order dated 22.5.1995. 3. The incident is said to have taken place in the year 1994 and counsel for the petitioner submits that he does not challenge the conviction of the petitioner but submits that the petitioner is ready to compensate the injured who had suffered injury on the hand and that the petitioner has served sentence of 18 days, and therefore, the sentence awarded to the petitioner be reduced to the period already undergone by him. 4. Learned Public Prosecutor does not contest this submission of counsel for the petitioner. 5. Accordingly, having regard to the facts and circumstances of the case and looking to the fact that the incident is of the year 1994 and only one injury on the hand of the injured has been found to be of grievous nature and the petitioner is ready to compensate the injured. Further looking to the fact that the petitioner has remained in custody for about 18 days, whilst upholding the conviction of the petitioner as recorded and affirmed by both the Courts below, the sentence awarded to the petitioner is directed to be reduced to the period already undergone and further a fine of Rs. 10,000/- is imposed on the petitioner which he shall deposit with the trial Court within a period of three months from the receipt of copy of this order. Fine if released shall be paid to complainant. In default of payment of fine, the petitioner shall undergo six months S.I. 6. The revision petition stands disposed of accordingly.Revision petition disposed of. *******