DAULAT SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been preferred by the accused-appellant against the judgment and order dated 17.8.2000 passed by the learned Additional Sessions Judge No. 2, Udaipur in Criminal Appeal No. 53/99, by which he dismissed the appeal of the accused-petitioner and confirmed the judgment and order dated 24.5.1999 passed by the learned Judicial Magistrate (South), Udaipur in Criminal Original Case No. 176/86 whereby he convicted the accused-petitioner for the offence under sections 279, 337, 338 & 304(A) Penal Code and sentenced in the following manner : <FRM>JUDGEMENT_113_LAWS(RAJ)1_2001_1.html</FRM> The above substantive sentences were ordered to run concurrently.

(2.) In this revision petition, the learned counsel for the accused- petitioner during the course of arguments has not challenged the findings of conviction recorded by the Courts below and has prayed that so far as the revision regarding conviction of the accused-petitioner for the offence under sections 279, 337, 338 & 304(A) Penal Code is concerned, it may be dismissed. However, he has argued on point of sentence stating that since the incident took place on 21.3.1986 and more than 14 years have passed now and the accused-petitioner was awarded six months SI and all the sentences were ordered to run concurrently and out of six months, accused-petitioner has already served out the sentence of five months. He has been in jail since 17.8.2000, therefore, lenient view be taken and his sentence be reduced to the period already undergone by him and he may be released accordingly.

(3.) This prayer of the learned counsel for the accused-petitioner has not been opposed by the learned Public Prosecutor.