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2018 DIGILAW 1612 (RAJ)

Badri Lal v. State of Rajasthan Through PP

2018-08-01

PANKAJ BHANDARI

body2018
JUDGMENT Pankaj Bhandari, J. Petitioner has preferred this revision petition aggrieved by judgment and order dated 3.6.2015 passed by Additional Chief Judicial Magistrate, Manohar Thana, Jhalawar, whereby petitioner has been convicted for offence under Section 420, 467, 468, 471 IPC and against the judgment and order dated 5.5.2018 passed by Additional Sessions Judge, Aklera, whereby the petition preferred by the petitioner was dismissed and the judgment and sentenced course affirmed. 2. Counsel for the petitioner is not challenging the conviction orders, his only prayer is that petitioner has faced trial for eighteen years. The registration of tractor, in question was cancelled and the same was handed over to the complainant. 3. It is also contended that petitioner has remained in custody for a period of 3 months 20 days. A limited prayer is that the sentence be reduced to the period already undergone by the petitioner. 4. I have considered the contentions. 5. In view of the fact that petitioner is not challenging the judgment of the conviction. The judgment passed by the Court below convicting the petitioner is affirmed. 6. However, since petitioner has faced trial for eighteen years and Registry of disputed tractor stands cancelled and has been restored to its original owner, hence, I deem it proper to enhance the fine to Rs. 20,000/- and reduce the period of sentence to period already undergone by him. Amount of Rs. 20,000/-, to be deposited as fine by the petitioner on deposit. On deposit the same be paid to the complainant and petitioner be set at liberty forthwith is not wanted in any other case. The find amount be paid to the complainant. 7. The Revision Petition is, accordingly, partly allowed. 8. The application for Suspension of Sentence stands disposed of.