HEMRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 29.1.1982 of the Sessions Judge, Kota convicting the appellant under Sec. 326, Penal Code and sentencing him to one year's R.I. with a fine of Rs. 100.00 (in default, further one month's

(2.) Learned counsel for the appellant does not want to assailt the judgment under appeal on merits and confined his submissions to the quantum of sentence to a term already undergone on the ground that a compromise had already been filed on 25.1.1983 which is on record; and that the learned trial court did not at all consider the compromise otherwise he could have been acquitted and in either case, a lenient view could have been taken by the trial court in the matter of sentence. Placing reliance upon the decision in AIR 1988 SC p. 2111, learned counsel for the appellant submitted that while maintaining the conviction, the impugned sentence may be reduced for the period already undergone by him. The appellant is said to have remained in jail for one month.

(3.) Having considered the points raised, in my view, looking to the evidence on record proved by the prosecution, the learned trial court was justified in holding the appellant guilty of the offence under Sec. 326, IPC. And, his conviction is maintained.