High CourtsSingle Bench

Kishoria vs State of Rajasthan

Rajasthan High Court · Decided on 17 October 1986 · Citation: (1987) WLN 141

HON’BLE JUDGES
Milap Chand Jain, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 324, 341, 394
CASE NUMBER
Criminal Appeal No. 180 of 1984
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Judgment

5 paragraphs · 203 words

Milap Chand Jain, J.—Heard learned counsel for the parties.

2.

Learned counsel for the appellant has not challenged the conviction of the appellant. He however, urged that the appellant is in custody since 30-7-1982. More than four years have passed, his sentence may be reduced to the period of his custody.

3.

The appellant has been sentenced to seven years rigorous imprisonment for the offence u/s 394, IPC and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo three years rigorous imprisonment and u/s 324, IPC two years rigorous imprisonment and u/s 341, IPC one month''s rigorous imprisonment. All the sentences have been ordered to run concurrently.

4.

The appellant is in custody since the date of his arrest and more than four years have passed. In my opinion, the sentence upto the period of his custody is adequate.

5.

Accordingly, the appeal is partly allowed. The convictions of the appellant are maintained and for offence u/s 394, IPC his sentence is reduced to the period of his custody. The sentence of fine is remitted. Other sentences are maintained, which he had already served out. He be released forthwith if not required in any other case.