NISAR KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants being aggrieved by the judgment dated 22-12-2000 passed in Criminal Appeal No. 158/94 by the learned Third Additional Sessions Judge, Durg, confirming the conviction and sentence recorded and awarded by the learned Judicial Magistrate, Durg in Criminal Case No. 302/94 on 27-10-94, convicting the appellants/applicants for the offence under Section 379 of the Indian Penal Code and sentencing them to R.I. for six months each, they have filed this revision petition.

(2.) Learned counsel for the applicants is not challenging the findings regarding the guilt of the applicants but has submitted that the applicants were arrested in the year 1989, remained in jail for few days before they were released on bail by the Trial Court and are again in jail since 22-10-2000, i.e., from the date of the judgment in appeal and as they have undergone almost or little more than one month, the sentence awarded to each of the applicants be reduced to the period already undergone.

(3.) Shri Jajodia, learned counsel for the State submits that the question of award of sentence is always within the discretion of the Court, therefore he would leave the matter to the discretion of the Court.