VASHRAM HAMIR CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Revision Application, under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the petitioner herein ­ original accused to quash and set aside the impugned Judgement and Order dtd.17/7/2012 passed by the learned appellate court - learned 7th Additional Sessions Judge, Jamnagar in Criminal Appeal No.14 of 2009 by which the learned appellate court has partly allowed the said appeal preferred by the petitioner - original accused and confirming the Judgement and Order dtd.15/6/2009 passed by the learned trial court - learned Chief Judicial Magistrate, Jamnagar in Criminal Case No. 3333 of 2004 in so far as the offence under section 21(1) and (2) of the Air (Prevention and Control of Pollution) Act (hereinafter shall be referred to as "the Act" for convenience), and convicting the petitioner - original accused for the offences punishable under sections 21(1) and (2) of the Act, and reducing the sentence imposed by the learned trial court from six years Rigorous Imprisonment to two years Rigorous Imprisonment.

(2.) THAT the respondent No.2 ­ original complainant lodged the complaint against the petitioner - original accused for the offence under section 21(1) and (2) read with section 31 of the Act, in the court of Chief Judicial Magistrate, Jamnagar which was numbered as Criminal Case No. 3333 of 2004. That the learned Chief Judicial Magistrate, Jamnagar, by the Judgement and Order dtd.15/6/2009 held the petitioner - original accused guilty for the offences punishable under section 21(1) and (2) as well as section 31A of the Act and convicted the appellant for the said offence, under section 37 of the Act and imposed punishment of six years Rigorous Imprisonment with fine of Rs.10,000 and in default to undergo further one year Rigorous Imprisonment.

(3.) AFTER elaborate submissions, Mr.Shalin Mehta, learned Senior Advocate appearing on behalf of the petitioner - original accused, under the instructions of the petitioner - original accused, has stated at the bar that the petitioner - original accused does not press the present present Criminal Revision Application in so far as challenging the impugned Judgement and Order passed by the learned appellate court confirming the Judgement and Order of conviction passed by the learned trial court convicting the accused for the offence under section 21(1) and (2) of the Act, punishable under section 37 of the Act. However, has requested to consider the question of sentence and has requested to reduce the sentence from two years Rigorous Imprisonment to one year Rigorous Imprisonment. It is submitted that fine is already deposited / paid by the accused.