LOHANA VASANTLAL DEVCHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This a revision petition filet by the three petitioners who were the original accused Nos. 1 2 and 3 respectively in a Criminal Case Nor 686 of 1966 in the Court of Judicial Magistrate First Class Rajkot. The accused Nos. 1 and 3 were convicted of an offence punishable under sec. 377 of the Indian Penal Code and the accused No. 2 i.e. the petitioner No. 2 was convicted for attempting to commit that offence by the learned Judicial Magistrate First Class Rajkot Shri Rajni M. S. Patel.

(2.) The petitioner No. 1 was sentenced to suffer 1 1/2 years rigorous imprisonment and to pay a fine of Rs. 500/and in default of payment of fine to suffer 6 months simple imprisonment The petitioner No. 3 was sentenced to suffer one years rigorous imprisonment and to pay a fine of Rs. 400/and in default of payment of fine to suffer 4 months simple imprisonment. The petitioner No. 2 is sentenced to suffer 9 months rigorous imprisonment and to pay a fine of Rs. 200/and in default of payment of fine of suffer 3 months simple imprisonment. Being dissatisfied with that order of conviction and sentence the three petitioners had filed a Criminal Appeal No. 5 of 1967 in the Court of Sessions Judge Rajkot.

(3.) The learned Sessions Judge Rajkot Shri M. C. Trivedi has maintained the order of conviction passed against the present petitioners. He has found that the petitioner No. 2 has committed an offence punishable under sec. 377 read with sec. 511 of the Indian Penal Code. The sentence of imprisonment inflicted on each of these petitioners has been confirmed by him. The sentence of fine and the sentence of imprisonment in default of payment of fine passed against each of these petitioners are set aside. Against that order the present revision petition has been filed by the petitioners from the jail.