SUNDER PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B. Criminal Jail Revision No. 7 of 1982 has been filed by the accused Sunder Pal against the order dated Sept. 24, 1981 of the Additional Sessions Judge, Raisinghnagar, by which his appeal against conviction and sentence was dismissed.

(2.) The Judicial Magistrate, First Class Anupgarh, by his Judgment dated July 29, 1980 convicted the accused Sunderpal under Sections 447, 323 and 325, I.P.C. The accused was sentenced to undergo simple imprisonment for one month and to pay a fine of Rs. 100.00 for the offence under S. 447, I.P.C. In default of payment of fine, it was ordered that the accused-petitioner shall undergo further simple imprisonment for a period of seven days. The accused-petitioner was sentenced to three months simple imprisonment and to pay a fine of Rs. 300.00 and in default of payment of fine, to suffer simple imprisonment for one month in respect of offence under S. 323, I.P.C. So far offence under S. 325, I.P.C. is concerned, the accused-petitioner was sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 500.00 and in default of payment of line, to suffer three months rigorous imprisonment. All the substantive sentences were ordered to run concurrently. An appeal was preferred by the accused. That appeal was dismissed by the Additional Sessions Judge, Raisinghnagar on Sept. 24, 1981 as aforesaid. S.B. Criminal Jail Revision Petition No. 7 of 1981 has been filed through Jail, which was admitted on Jan. 13, 1982 and the record was requisitioned.

(3.) S.B. Criminal Revision Petition No. 48 of 1982 is a represented I revision filed by Mr. Bharat, learned counsel for the accused-petitioners challenging the order passed by the Additional Sessions Judge, Raisinghnagar on Sepetember 24, 1981. As both the revision petitions arise out of the same Judgement, they are disposed of by this order.