GURDHARVA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) ASSAILING the judgment dated 10.8.2006, passed by the learned Sub Divisional Judicial Magistrate, Dalhousie, Distt. Chamba, H.P. in Crl. Case No. 45-II of 2000, titled as State vs. Gandharav Singh, as affirmed by the learned Sessions Judge, Chamba Division, Chamba, H.P. vide judgment dated 8.3.2007, passed in Criminal Appeal No. 10 of 2006, titled as Gandharav Singh vs. State of H.P., the accused-petitioner has filed the present Revision Petition under the provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973.

(2.) IN relation to F.I.R. No. 32 of 2000 (Ext. PW 6/A), registered on 7.4.2000 at Police Station Dalhousie, accused stands convicted for having committed offences punishable under Sections 279, 337 and 338 of the Indian Penal Code. He was sentenced to undergo simple imprisonment for a period of three months each for having committed offences punishable under Section 279 and 337 of the Indian Penal Code and also undergo simple imprisonment for a period of six months for having committed an offence punishable under Section 338 of the Indian Penal Code. The sentence of imprisonment was to run concurrently.

(3.) AFTER having heard the matter for some time, Ms. Vibhuti Nakta, learned counsel appearing for the petitioner, fairly, under instructions from the petitioner, does not challenge the findings and judgment of conviction. However, keeping in view the fact that the incident took place in the year 2000; petitioner is the sole bread earner and has a family of five members to support; it is his first offence and has maintained good conduct all throughout, it is urged that a lenient view be taken and instead of sending the accused behind bars, at this stage, the sentence of imprisonment be converted to that of payment of fine.