BHALKAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this revision petition three accused have challenged their conviction under S. 379, I. P. C. for the theft of Matador No. RSK 9103. Having heard the learned counsel for the petitioners, I am convinced that no interference can be made in revision petition on the merits of the case because it all relates to appreciation of evidence. However, I am inclined to accept the last prayer that the petitioners should be released on sentences of 15 months which they have already undergone.

(2.) The learned Public Prosecutor fairly submits that he will have no objection to it in view of the fact, that out of eighteen months they have already undergone fifteen months sentence and the offence is of the year 1977.

(3.) The revision petition is, therefore, partially accepted. The conviction of the petitioner-accused, namely Balkarsingh s/o Mansa Singh, Shri Darshan Singh s/o Lavana Singh. & Shri Prahlad Singh s/o Harvansh Singh, under S. 379 I.P.C. is maintained but they are ordered to be released on sentence already undergone. The sentence of fine is upheld and they should pay a fine of Rs. 500.00 each, failing which each one of them will undergo the sentence of three months, R.I. as ordered by the Additional Sessions Judge, Sriganganagar.