ROOPAN KORWA Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter called as 'Cr.P.C.'), the applicant has filed instant criminal revisio'n challenging the impugned judgment dated 14/07/2005 passed by Special Judge (Atrocities), Ambikapur, Surguja in Criminal Appeal No. 4 8/2004, by which, the conviction of the applicant for the offence punishable under Section 338 of the Indian Penal Code (hereinafter called as 'IPC') was maintained by the Appellate Court, but the. sentence has been reduced to the period undergone by the applicant and imposed fine sentence of Rs.5,000/-.

(2.) The facts, briefly stated are as under:-

(3.) Mr. A.K. Prasad, learned counsel appearing for the applicant would submit that imposition of sentence of fine of Rs.5,000/-, exceeding Rs.1,000/-, is, as prescribed in Section 338 IPC, unjustified and in teeth of Section 338 IPC.