RAMZAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - These revision petitions are directed against a common judgment of learned Sessions Judge, Balotra dated 19. 6. 84, so, they are disposed of by this order. (2) The petitioners were convicted by the order of learned Munsif and Judicial Magistrate, dt. 8. 11. 82 in original case no. 95/83 State Vs. Ramzan and others. Against that order, two appeals were filed one by Kutub (No. 113/82) and other by the petitioners no. 1 to 7 (No. 109/82), before the learned Sessions Judge. Both the appeals were dismissed and the order passed by learned Munsif and Judicial Magistrate was confirmed by the learned Sessions Judge vide his judgment dated 20. 6. 84 by which the petitioners were convicted and sentenced as under : - 1. For the offence u/ss. 147 and 323 IPC each of the petitioners has been sentenced to one month's R. I. alongwith a fine of Rs. 100/- on each count and in default to further undergo 15 days S. I. on each count.

(2.) FOR the offence u/s. 325 IPC accused-petitioner Ramzan has been sentenced to six months R. I. alongwith a fine of Rs. 200/- and in default to further undergo one month's S. I.

(3.) HAVING given my earnest consideration to the facts and circumstances, of this case, in my opinion, since all the petitioners are only liable to hold guilty u/s. 323 and 147 IPC, the argument of Mr. Singhvi for taking a lenient view has force. In view of this, I am of the view that since the incident is of 7. 6. 78 and all the accused have remained in jail for some time, no useful purpose will be served, if the petitioners are sent to jail again to serve out the remaining period of sentence. In this view of the matter, the ends of justice will be served while maintaining the conviction of the petitioners u/s. 323 IPC and 147 IPC, their sentence of imprisonment is reduced to the, period already undergone.