Jita Ram vs State of Raj.

Hon''ble Mahesh Chandra Sharma, J.—This criminal revision petition has been filed by the accused petitioner against the judgment and order dated 3.3.2001 of Additional Chief Judicial Magistrate Khetri Jhunjhunu convicting and sentencing the accused petitioner for the offence under sections 304A, and 279 IPC to suffer rigorous imprisonment for two years and fine of Rs. 500/- and in default of payment of fine to suffer fifteen days simple imprisonment and for section 279 IPC to suffer simple imprisonment for three months and also against the judgment and order dated 22.1.2003 of Additional Sessions Judge Khetri rejecting the appeal and confirmed the conviction and sentence of the accused petitioner for the offence u/s 304A and section 279 IPC was altered to that of for section 304A IPC to suffer imprisonment for four months and fine of Rs. 500/- and in default of payment of fine to suffer one month simple imprisonment and for section 279 IPC to suffer three months rigorous imprisonment and both the sentences were ordered to run concurrently. The judgment was pronounced on 22.1.2003 and the accused petitioner was taken into custody and criminal revision was filed before this court on 28.1.2003 and thereafter released on bail by this court on 13.2.2003. In this manner the petitioner has remained in custody for a sufficient time.

The learned counsel for the accused petitioner does not challenge the conviction part but has submitted that the accused petitioner may be released on the period already under gone by him in Jail and the fine of Rs. 500/- may be increased to Rs. 25,000/-, as this matter is related to more than 14 years. The learned counsel further submitted that the petitioner is a young man and at present having his family after marriage and the accused petitioner will not repeat such type of offence in future.

The learned Public Prosecutor opposed this prayer.

The request of the learned counsel for the petitioner is genuine. The conviction of the accused petitioner is maintained and the revision petition is partly allowed and ends of justice would be met in case the petitioner is released for the period already under gone by him, but the fine of Rs. 500/- is increased to Rs. 25,000/-. The increased fine of Rs. 25,000/- shall be deposited within a period of three months. Ordered accordingly. The petitioner will not repeat such types of offence in future. The judgment of the courts below are modified as indicated above.