SHATRUHAN SATNAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Criminal Revision under Sec. 397 read with Sec. 401 of CrPC has been preferred by the Applicant challenging the judgment dtd. 6/11/2008 passed by the Additional Sessions Judge, Balod, District Durg (as it then was), in Criminal Appeal No. 39 of 2008 as also the order dtd. 28/2/2008 passed by the Judicial Magistrate First Class, Balod, in Criminal Case No. 1967 of 2005.

(2.) An FIR was lodged at Police Outpost Gurur, District Durg, on 3/9/2003 alleging that the Applicant is said to have assaulted PW-1 Motilal, on account of which he is said to have received injuries. A case was registered and was put to investigation. Ultimately, the case was put to trial before the Judicial Magistrate First Class, Balod, in Criminal Case No. 1967 of 2005. After the conclusion of the trial, the Trial Court vide impugned order dtd. 28/2/2008, found the Applicant to be guilty of committing the offence under Ss. 325 and 352 of IPC and on convicting him for the said offence, he was sentenced to undergo R.I. for 6 months and to pay fine of Rs.1000.00 under Sec. 325 of IPC and to pay fine of Rs.200.00 under Sec. 352 of IPC. In default of payment of fine amounts, he was required to undergo additional R.I. for two months under Sec. 325 of IPC and 10 days under Sec. 352 of IPC. The said order dtd. 28/2/2008 was upheld by the lower Appellate Court vide its judgment dtd. 6/11/2008 passed in Criminal Appeal No. 39 of 2008. Hence, the present Criminal Revision challenging the said two orders.

(3.) Learned Counsel for the Applicant at this juncture submits that he does not intend to argue the case on its merits and submits that taking into consideration the factual matrix of the case where the Applicant has already remained in jail for a period of about 2 1/2 months out of total sentence of 6 months, the sentence part may be reduced to the period already undergone by the Applicant by maintaining his conviction.