Hans Raj vs State of Rajasthan

Kishore Singh Lodha, J.—The petitioners Hansraj and Shiv Ram have been convicted u/s 332 and sentenced to six months R.I. and fine of Rs. 250/- each and further convicted u/s 353 and sentenced to a fine of Rs. 250/- each by the learned Munsif & Judicial Magistrate, Sangaria by his order dated 22-9-1983. Their appeals before the learned Addl. Sessions Judge No. 1, Hanumangarh were partly allowed and the sentence u/s 332 IPC was reduced to three months R.I. and a fine of Rs 250/- each by judgment dated 10-4-1987. The petitioners have, therefore, come up in revision before this court.

I have heard the learned Counsel for the petitioners and the learned P.P. and have gone through the judgments of the two courts below.

The learned Counsel for the petitioners has not challenged the convictions of the petitioners but has only urged that the substantive sentences awarded to them may be reduced to those already undergone, in as much as the incident had taken place as far back as on 16-4-1978 and dispute arose on account of the measurement of the land in dispute by the Patwari. The petitioners have already undergone about a little less than a month of imprisonment. He has further pointed out that the learned Addl. Sessions Judge was also of the view that the matter requires a lenient view.

Looking to all the facts and circumstances pointed above by the learned Counsel for the petitioners, I am of the opinion that no useful purpose would be served by detaining the accused petitioners in jail any further and the substantive sentences already undergone by them would meet the ends of justice.

I, therefore, partly accept this revision and while maintaining convictions of the petitioners for offences under Sections 332 and 353 IPC, reduce the substantive sentences to those already undergone by the petitioners. The fines are maintained.