Rosu @ Shankarlal vs The State of Madhya Pradesh

B.D. Rathi, J.—This revision petition has been preferred against the judgment dated 8/8/2013 passed by I Additional Sessions Judge, Raisen in Cr.A. No. 93/13 whereby the judgment dated 14.5.2013 passed by Judicial Magistrate First Class, Gauharganj in Criminal Case No. 267/2013 convicting the petitioner under Sections 457 and 380 of the Indian Penal Code and sentencing him to undergo R.I. for 3 years and to pay a fine of Rs. 50/- and R.I. for 2 years and to pay a fine of Rs. 50/- respectively, was affirmed. Prosecution case, in brief, is that in the night intervening 10 and 11/1/13, after committing the offence of lurking house trespass, petitioner committed theft in the house of complainant Ramesh Kumar.

At the outset, learned counsel for the petitioner submitted that he does not want to challenge the convictions awarded to the petitioner. However, he prayed that the custodial sentences passed against the petitioner may be reduced to the period already undergone. According to him, the petitioner is in jail since 8/8/13.

In response, learned Government Advocate while making reference to the incriminating pieces of evidence on record, submitted that the conviction was well merited and the impugned judgment did not warrant interference.

Having regard to the arguments advanced by the parties, perused the judgments of the Courts below.

As the convictions are not under challenge, adverting to the question of sentence, it is apparent from the record that the petitioner had no criminal antecedents and on the date of incident he was aged about 21 years, therefore, interests of justice would be met if the term of custodial sentence for the offence u/s 457 IPC is reduced to two years and fine amount is enhanced to Rs. 1000/- for each offence.

In view of the aforesaid, impugned convictions are maintained. Custodial sentence awarded u/s 380 of the IPC is also maintained. However, for the offence u/s 457 of the IPC, the term of custodial sentence is reduced to 2 years. However, fine amount, for each offence, is enhanced to Rs. 1000/- (Rupees one thousand), in default of payment of which, the petitioner suffer R.I. for 1 month. It is made clear that the custodial sentences shall run concurrently.

In the result, the revision stands allowed in part. Copy of the order be sent to the trial Court for information and compliance.