Rahis Khan vs State of Madhya Pradesh

Brij Kishore Dube, J.—This Criminal Revision under Sections 397 and 401 of Cr. P.C., has been preferred by the petitioner/accused against the judgment dated 09/05/2012 passed in Criminal Appeal No. 88/2012 by X Additional Sessions Judge, Gwalior affirming the judgment of conviction and order of sentence dated 10/02/2012 passed by the Judicial Magistrate, First Class, Gwalior in Criminal Case No. 6591/2007 whereby the petitioner has been convicted under Sections 279, 337(3 counts), 338(4 counts), and 304-A (2 counts) of IPC and sentenced to suffer 01 month rigorous imprisonment with fine of Rs. 100/- for the offence u/s 279 of IPC, 02 months rigorous imprisonment with fine of Rs. 100/- in each count for the offence u/s 338 of IPC and two years rigorous imprisonment with fine of Rs. 250/- in each count for the offence u/s 304A of IPC and it is further directed that all the jail sentences shall run concurrently. It is apposite to mention here that in view of the provisions contained in Section 71 of the IPC, the petitioner has not been separately sentenced for commission of offence u/s 337(3 counts) of IPC by the learned Trial Court.

The facts of the case have been detailed in the impugned judgment by the learned Courts below, therefore, this Court does not want to repeat the same overall again.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner does not wish to challenge the finding of conviction recorded by the learned Trial Court and affirmed by learned Appellate Court. His only submission is that the petitioner has already undergone 01 year 05 months of the sentence, the fine amount has already been deposited, there is no previous criminal conduct of the petitioner and therefore, the learned counsel for the petitioner prays for reduction of jail sentence to the period already undergone by the petitioner.

Learned Panel Lawyer appearing on behalf of the respondent/State has supported the impugned judgment and prayed for dismissal of the revision petition.

Learned Appellate Court and the learned Trial Court after appreciating the evidence on record found guilt of the petitioner. In view of the reasons assigned by the learned Courts below for convicting the petitioner to be trustworthy, this Court does not want to deviate from the same.

As before this Court, the finding of conviction recorded by the learned Courts against the petitioner has not been challenged by the petitioner, hence, the aforesaid finding is hereby affirmed.

With regard to the sentence awarded is concerned, the petitioner has been sentenced by the learned Trial Court and affirmed by the learned Appellate Court as stated hereinabove. No previous criminal conduct of the petitioner has been proved by the prosecution. The petitioner has remained under detention from 10/02/12 to 18/02/12 during the trial and since 09/05/2012, he is undergoing the sentence. The Superintendent, Central Jail, Gwalior informed that the petitioner has served 01 year 03 months 05 days of service till 30/04/2013 and is continuously serving the sentence. Under these circumstances, the ends of justice would be sub-served, if the jail sentence of the petitioner is reduced to the period already undergone by him with fine as imposed by the Courts below.

Consequently, this revision petition is allowed in part. The conviction of the petitioner passed by the learned Trial Court and affirmed by the learned Appellate Court under Sections 279, 337(3 counts), 338(4 counts), and 304-A (2 counts) of IPC is hereby affirmed but the sentence is set aside and instead thereof, the petitioner is sentenced to the period already undergone by him in jail, i.e., about 01 year 05 months with fine as imposed by the learned Courts below. The petitioner is in jail, therefore, he be set at liberty if not required in any other criminal case.

With the aforesaid modification, this revision petition is disposed of finally. A copy of this order be sent to the learned Trial Court for necessary compliance.