(1.) Mr. D.C.S. Rawat, learned counsel for the revisionist submits that total sentence awarded to the revisionist is one year and revisionist is the first time offender, therefore, benefit of judgment of this Court in the case of Devi Sharma and another Vs. State of Uttarakhand,2015 1 NCC 363 ought to have been extended in favour of the revisionist.
(2.) Undisputedly, revisionist was found guilty for the offences punishable under Sections 452, 324 and 506 I.P.C. by the Judicial Magistrate, Rudrapur and was sentenced to undergo R.I. for a period of one year and a fine of Rs.500/- under Section 452 I.P.C., to undergo R.I. for a period of one year and to pay fine of Rs.1,000/ under Section 324 I.P.C.; to undergo R.I. for a period of six months under Section 506 I.P.C. Appeal arising therefrom was dismissed by the learned IInd Additional Sessions Judge, Udham Singh Nagar.
(3.) I have carefully perused the judgments and orders and I do not find any illegality or jurisdictional error in both the judgments and orders while holding the revisionist guilty.