SOMBIR AND ANR. Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against judgment of conviction dated 25.10.2010 and order of sentence dated 3.11.2010, passed by the Sub Divisional Judicial Magistrate, Loharu, as upheld by Additional Sessions Judge, Bhiwani, in appellate jurisdiction. Resultantly, the Petitioners have been convicted for commission of offence under Section 457, Indian Penal Code, and sentenced to undergo Rigorous Imprisonment for 3 years and fine of Rs.1,000/ -(in default, simple imprisonment for 2 months) each. The Petitioners have also been convicted for commission of offence under Section 380, Indian Penal Code, and sentenced to undergo Rigorous Imprisonment for 3 years and fine of Rs.1,000/ -(in default, simple imprisonment for 2 months) each. A compensation of Rs.25,000/ -has also been granted in favour of complainant -Bilasa Ram (PW -1).

(2.) LEARNED Counsel for the Petitioners contends that the judgment of conviction is not being challenged on merits. The quantum of sentence, however, be considered.

(3.) LEARNED Counsel for the Respondent -State has pointed out that Petitioner No. 2 -Amit alias Mitta has undergone 1 year and 23 days of actual sentence. Petitioner No. 1 -Sombir alias Laden has undergone 11 months and 3 days of actual sentence.