BHABHUTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This revision under Section 397/401, Cr. P.C. is directed against the judgment dated 25/3/1993 passed by learned Special Judge Essential Commodities. Act and Additional Sessions Judge, Jodhpur whereby while maintaining the conviction of the petitioner under Section 4/9 of the Opium Act passed by learned Munsif and, Judicial Magistrate, Bilara dated 21/12/1989, he reduced the sentence awarded by the learned Magistrate from one year R.I. to six months R.I. and also reduced sentence of fine from Rs. 1000 to Rs. 500 and in default of payment of fine to further undergo one month's R.I.

(2.) Mr. Bishnoi, learned Counsel for the petitioner has not challenged the conviction before me but submitted that the incident is of 28/1/1984 and the accused petitioner has remained in jail for some time, so a lenient view may be taken as the petitioner is an old man of 60 years.

(3.) Learned Public Prosecutor has not been able to controvert the facts. Having heard learned Counsel for the parties and after perusing the record, I am of the opinion that since the incident is of 28/1/1984 and the accused has remained in jail for more than 1-1/2 months, further the petitioner is above 60 years old, no useful purpose will be served by keeping the accused in jail to serve out the sentence awarded. In view of this, the ends of justice will be served while maintaining the conviction, the sentence of the accused-petitioner is reduced to the period already undergone.