RAMJILAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) THIS criminal revision petition has been filed by the accused petitioner against the judgment and order dated 23.1.1993 of Additional Chief Judicial Magistrate No. 2 Jaipur City Jaipur convicting and sentencing the accused petitioner for the offence under sections 304A, and 279 IPC to suffer rigorous imprisonment for six months and fine of Rs. 1,000/ - and in default of payment of fine to suffer further simple imprisonment of one month and for section 279 IPC to pay fine of Rs. 500/ - and in default to suffer one month simple imprisonment and also against the judgment and order dated 6.10.2003 of Additional Sessions Judge No. 7 Jaipur City Jaipur rejecting the appeal and confirmed the conviction and sentence of the accused petitioner for the offence under section 304A and section 279 IPC. The judgment was pronounced on 6.10.2003 and the accused petitioner was taken into custody and criminal revision was filed before this court on 13.10.2003 and thereafter released on bail by this court on 3.12.2003. In this manner the petitioner has remained in custody for more than one and half month.

(2.) THE learned counsel for the accused petitioner does not challenge the conviction part but has submitted that the accused petitioner may be released on the period already under gone by him in Jail and the fine of Rs. 1,000/ - may be increased to Rs. 25,000/ -, as this matter is related to more than 19 years. The learned counsel further submitted that the petitioner is a young man and at present having his family after marriage and the accused petitioner will not repeat such type of offence in future. The learned Public Prosecutor opposed this prayer. The request of the learned counsel for the petitioner is genuine. The conviction of the accused petitioner is maintained and the revision petition is partly allowed and ends of justice would, be met in case the petitioner is released for the period already under gone by him, but the fine of Rs. 1000/ - is increased to Rs. 25,000/ -. The increased fine of Rs. 25,000/ - shall be deposited within a period of three months. Ordered accordingly. The petitioner will not repeat such types of offence in future.