Citation : 2024 Latest Caselaw 7727 Raj
Judgement Date : 4 September, 2024
[2024:RJ-JD:36885]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 908/2005
Bhanwar Lal S/o Mangi Lal, R/o Village Cheta, Tehsil & Police
Station, Deogarh, District, Rajsamand (Raj.).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Pradeep Shah.
For Respondent(s) : Mr. Urja Ram Kalbi, PP.
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
04/09/2024
1. Heard the parties.
2. This criminal revision is against judgment of conviction dated
3.8.2002 passed by the learned Additional Chief Judicial
Magistrate, Bheem, Rajsamand in Regular Criminal Case
No.409/1999, whereby the petitioner was convicted for offences
under Sections 408, 193 IPC and sentenced to 3 years rigorous
imprisonment under Section 408 IPC along with fine of Rs.5000/-
and in default of payment of fine, to further undergo 3 months
rigorous imprisonment. Under Section 193 IPC, the petitioner was
awarded rigorous imprisonment of 2 years and fine of Rs.500/-
and in default of payment of fine, to further undergo rigorous
imprisonment of one month.
3. The conviction was challenged before the Learned Additional
Sessions Judge (Fast Track), Rajsamand in Criminal Appeal
[2024:RJ-JD:36885] (2 of 2) [CRLR-908/2005]
No.7/2005 (Old No. 32/2003), which was dismissed vide judgment
dated 27.09.2005.
4. Learned counsel for the petitioner does not want to press
this criminal revision petition on merit of conviction and
concurrent finding of the Courts below, however, submits that the
petitioner has already undergone the trauma of criminal
prosecution since 1985. No previous conviction of the petitioner is
there.
5. For substantial justice, the sentence awarded against the
petitioner is reduced to the period already undergone (more than
2 months).
6. With the aforesaid reduction of sentence, this criminal
revision petition stands partly dismissed.
(BIRENDRA KUMAR),J 21-sumer/-
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