NARENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a special appeal filed by Narendra Kumar Somani under Section 18 of the Rajasthan High Court Ordinance against the judgment of the learned single Judge of this Court dt. May 5, 1982, by which the writ petition of the appellant was dismissed on the basis of the judgment dt. April 9, 1982, given in S. B. Civil Writ Petitions Nos. 7 of 1982 and 80 of 1982 : (AIR 1983 NOC 220) (Rai).

(2.) The relevant facts giving rise to the writ petition, out of which this appeal arises, may be briefly stated as follows:-- Shri Sampat Singh, respondent No. 2 was elected Pradhan, Panchavat Samiti, Shahpura. District Bhilwara, on Dec. 26, 1981. The votes were polled on Dec. 26, 1981 and the result was announced the very day while the nomination papers were filed on Dec. 25. 1981. Respondent No. 2 was convicted of the offence punishable under Section 406. I.P.C. and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000, in default of payment of fine to further suffer imprisonment for three months, by the Judicial Magistrate, Fir t Class, Shahpura. vide his judgment dated Sept 24, 1974, certified photo-stat copy of which is enclosed with the writ petition and marked Ex. 3. Aggrieved by his conviction and sentence, respondent No. 2 preferred an appeal to the Sessions Judge. Bhilwara. but the same was rejected vide judgment of the Sessions Judge, dt. August 3, 1976. Respondent No. 2 thereafter moved the High Court in revision but his revision petition also was dismissed by the High Court vide its judgment dt. August 20, 1976.

(3.) In another case respondent No. 2 was found guilty by the Munsif Magistrate. Shahpura. of having committed an offence punishable under Section 400. I.P.C. and was sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 200, in default thereof to further suffer rigorous imprisonment for 20 days. Respondent No. 2 preferred an appeal to the Sessions Judge. Bhilwara, against the judgment of the Munsiff Magistrate. Shahpura, dt. April 10, 1974. but the Sessions Judge. Bhilwara upheld the conviction and reduced the sentence to one month's rigorous imprisonment. A revision petition was filed by respondent No. 2 against the judgment of the Sessions Judge before the High Court. The High Court confirmed the conviction of respondent No. 2 under Section 409. I.P.C. but reduced the sentence to the term of imprisonment already undergone by him.