SAJJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Sajjan Singh was tried for the charges under Sections 409, 468 and 471, IPC by the learned Chief Judicial Magistrate, Barmer vide judgment dated 23rd of April, 1977. The learned Magistrate acquitted the petitioner for the charge under section 409, IPC but held him guilty for the remaining charges i. e. 468 and 471, IPC and sentenced him to one year's rigorous imprisonment under each count and a fine of Rs. 1,000/-, in default to undergo one year's rigorous imprisonment on each count. In appeal, the learned Sessions Judge, Balotra upheld the conviction but in view of the facts and circumstances of the case reduced the substantive sentence to two months' rigorous imprisonment each and the amount of fine was also reduced to Rs. 250/- on each count with an order that in default of payment of fine, he will suffer one month's simple imprisonment on each count. The petitioner has invoked the revisional jurisdiction of this Court against the findings of the two courts below.

(2.) THE learned counsel for the petitioner submits that he does not want to press the petition on merits but prays for lenient view being taken in the matter and the petitioner may not be sent to jail now after the lapse of so many years.

(3.) CONSEQUENTLY, the revision petition is partly allowed. The substantive sentences of two months' rigorous imprisonment for the charges under Sections 468 and 471 IPC each is reduced to the period petitioner has remained in custody so far. The sentence of fine of Rs. 250/- in default to undergo one months' simple imprisonment each for the two charges under Sections 468 and 471 IPC is, however, maintained. The petitioner is allowed two months, time to deposit the amount of fine in trial court, as prayed by his learned counsel. .