KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioner from Jail against the judgment dated 23.5.2003 passed by the learned Special Judge, ST/ST (Prevention of Atrocities), Udaipur, in Criminal Appeal No. 11/2001 by which he dismissed the appeal filed by the accused petitioner and confirmed the judgment and order dated 21.3.2001 passed by the learned Additional Chief Judicial Magistrate No. 1, Udaipur in Criminal Regular Case No. 1197/2000 by which the learned Magistrate convicted the accused petitioner for offence under Sec. 411 I.RC. and sentenced him to 1 year's R.l.

(2.) Since this revision petition was preferred by the accused petitioner from jail and nobody was appearing on behalf of the accused petitioner, therefore, this Court by its order dated 13.10.2003 appointed Shri K.R. Bhati as amicus curiae in this case.

(3.) In this revision petition the learned counsel for the accused petitioner has not challenged the findings of conviction for offence under Sec. 411 I.RC. recorded against the accused petitioner by the learned Additional Chief Judicial Magistrate No. 1, Udaipur through judgment dated 21.3.2001 and confirmed in appeal by the Special Judge, SC and ST (Prevention of Atrocities), Udaipur through judgment dated 23.5.2003 but it has been argued on behalf of the accused petitioner that looking to the fact that accused petitioner is in jail for near about 6 months and looking to the entire facts and circumstances of the case, it would be just and proper to reduce the sentence of accused petitioner to the period already undergone by him.