BHANWAR DAN Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) The matter pertains to an incident that occurred in the year 1995 and the present revision petition has been pending since 2001.

(3.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred against the judgment dtd. 17/5/2001 passed by learned Sessions Judge, Jaisalmer in Criminal Appeal No. 01/2001 whereby the judgment dtd. 12/12/2000 passed by the learned Judicial Magistrate, 1st Class, Jaisalmer in Criminal Original Case No. 432/1996 convicting the revisionist-petitioner was upheld. The petitioner was convicted for the offences under Ss. 409 IPC and sentenced to undergo two years' S.I. and a fine of Rs.2,000.00 in default of payment of which, he was ordered to undergo further one month's S.I. Vide the impugned judgment dtd. 17/5/2001 though the judgment of learned trial court to the extent of Sec. 409 of IPC was affirmed, the same was modified to the extent that the petitioner was sentenced to undergo one year's S.I. and a fine of Rs.2000.00 in default of payment of which, he was ordered to undergo further one month's S.I. The offence(s) under Sec. (s) 409 IPC, with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.