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Judgment
11 paragraphs · 511 wordsS.S. Diwivedi, J.
The applicants have filed this revision petition under sections 397/401 of Criminal Procedure Code aggrieved by the appellate judgment dated 24-3-2009 passed by 1st Addl. Sessions Judge Umariya District Shahdol in Criminal Appeal No. 228/08, whereby affirmed the judgment of conviction and sentence dated 18-10-2008 passed by J.M.F.C., Umariya in Criminal Case No. 1491/06, whereby the applicants have been found guilty u/s 325/34 of Indian Penal Code and sentenced to suffer two year each RI with fine of Rs. 2,000/- each in default of payment to suffer one year RI each.
It is submitted on behalf of the applicants that the applicants are in custody since 24-3-2009. Only submission is that no previous criminal conduct of the applicants has been proved by the prosecution. Incident taken place all of a sudden without any pre-intention, therefore, prayed for just reduction of the jail sentence.
Learned G.A. appearing for the State supported the impugned judgment and prayed for dismissal of the revision.
As before this Court the concurrent finding of conviction recorded by the Courts below has not been challenged by the applicants, hence the aforesaid finding is hereby affirmed.
With regard to the sentence is concerned, the applicants have been sentenced by the Courts below for short term of two years RI each. No previous criminal conduct of the applicants has been proved by the prosecution. The applicants also remained in jail from 24th March, 2009 till the date of their release. No fruitful purpose will be served by sending the applicants to jail for short term of two years RI. Under these circumstances, jail sentence can be reduced to the period undergone by the applicants in jail.
Resultantly, revision petition is allowed in part. The conviction of the applicants u/s 325 read with section 34 of Indian Penal Code is hereby affirmed but the sentence of two years RI with fine of Rs. 2,000/- each awarded by the Courts below is set-aside and instead thereof, the applicants are sentenced to the period already undergone by them in jail (from 24-3-2009 till the date of their release) with fine of Rs. 3,000/- each, in default of payment of fine, they will further suffer imprisonment for three months RI.
It is submitted by counsel for the applicants that the applicants have already deposited fine of Rs. 2,000/- in the trial Court, in that case, they will have to deposit remaining enhanced fine of Rs. 1000/- each (total enhanced fine of Rs. 2000/- ) in the trial Court. On deposit of the enhance fine amount of Rs. 1000/- each by applicants they be released from jail immediately if not required to be detained in any other case.
Out of the total realized fine of Rs. 6,000/- , a sum of Rs. 5,000/- be given to the complainant Moti Jaiswal for receiving the injuries by him in this incident as compensation.
With this modification in the sentence, revision petition stands disposed of finally. A copy of this order be sent to the trial Court for information and compliance.
C.C. As per rules.