Judgment · High Court

HON'BLE MR. K.S. RATHORE, J. Ms. Kamla Jain with Mr. Mahendra Singh for the accused-petitioner. Mr. Ashwani Kumar Sharma, PP for the State. **** This revision petition under Section 397 r/w Section 401 Cr.P.C. is directed against the judgment dated 19.07.95 passed by the Sessions Judge, Kota in Criminal Appeal No. 5/94, whereby he upheld the judgment dated 06.01.94 passed by the Additional Chief Judicial Magistrate, Special Court (Communal Riots), Kota in Criminal Case No. 168/93, by which the accused- petitioner has been convicted under Section 420 IPC and sentenced to undergo R.I. for two years and a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for three months. Considering the submissions made by the learned counsel for the accused-petitioner that the petitioner is facing trial since 1978 and had already (2) remained in custody for about one month and keeping in view the law laid down by Hon'ble the Supreme Court in the case of State of Maharastra Vs. Jagmohan Singh Kuldeep Singh Anand & Others, reported in 2004(7) SCC 659, the accused-petitioner deserves to be let off on the period already undergone by him but the fine imposed upon him is required to be enhanced to meet the ends of justice. In the result, the present revision petition is partly allowed and the conviction of the accused- petitioner Baleshwar S/o Shri Mangilal under Section 420 IPC is upheld and confirmed but the sentence of imprisonment imposed upon him is reduced to the period already undergone by him and the fine is enhanced to Rs. 5,000/-, in default of payment of fine the petitioner will have to undergo the sentence as awarded by the Appellate Court. /KKC/ (K.S. RATHORE),J.