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Judgment
Alok Kumar Verma, J
Revisionist-Laxman Singh was convicted and sentenced to undergo rigorous imprisonment for a period of three months along with a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”), he was convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.5,000/- under Section 304 A IPC. He was convicted for the offence under Section 337 IPC and was sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.5,00/-, and, he was further convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs.1,000/- under Section 427 IPC. All the sentences were directed to run concurrently.
Against the said judgment dated 25.11.2019, passed by learned Judicial Magistrate/Civil Judge (Junior Division), Ramnagar, District Nainital in Criminal Case No.243 of 2018, a Criminal Appeal (No.169 of 2019) was filed. The said Appeal has been dismissed vide judgment dated 31.10.2022, passed by learned Ist Additional Sessions Judge, Haldwani, District Nainital.
The coordinate Bench passed the order on 16.02.2023, “Admit the revision to the extent of examining on the quantum of sentence imposed”.
Mr. Piyush Sammal, Advocate, submitted that the revisionist has served his entire sentence and has also deposited the fine. Therefore, the revisionist does not want to press the present Criminal Revision.
Having heard the learned counsel for the parties, this Court is of the view that there is no good ground to interfere with the sentences, imposed by learned Trial Court. There is no material on the record to show that the learned Courts below did not apply its judicial mind or have exercised jurisdiction not vested in it by law, or have failed to exercise a jurisdiction so vested, or have acted in the exercise of its jurisdiction illegally or with material irregularities. Therefore, the Criminal Revision (No.698 of 2022) is liable to be rejected; the same is rejected.
