SENDHA AND MISHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed by the accused petitioners against the judgment and order of sentence dated 10.8.2000 passed by the learned Additional Sessions Judge, Bhinmal in Criminal Appeal No. 10/2000 by which he dismissed the appeal of the present accused petitioners Sendha and Mishra and upheld the judgment an order of sentence dated 18.3.2000 passed by the learned Judicial Magistrate First Class, Sanchore in Criminal Case No. 815/97 so far as they relate to them. The accused petitioners were convicted and sentenced in the following manner: <FRM>JUDGEMENT_156_LAWS(RAJ)2_2001_1.html</FRM> The above sentences were ordered to run concurrently.

(2.) In this revision petition, the learned counsel for the accused petitioners has not challenged the findings of conviction recorded by both the courts below and has prayed that so far as the revision regarding conviction of the accused petitioners for the offence under sections 325, 447 and 323 Penal Code is concerned, it may be dismissed. However, he has argued on the point of sentence stating that looking to entire facts and circumstances of the case and that both accused petitioners are in jail : since 18.8.2000, a lenient view be taken and sentence of both the accused petitioners be reduced to the period already undergone by them and they may be released accordingly.

(3.) The prayer of the learned counsel for the accused petitioners has not been opposed by the learned Public Prosecutor. However, he has submitted that some compensation should be awarded to the injured PW. 2 Kishna.