SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been filed this Criminal Revision Petition under Section 397/401 Cr.P.C. against the order dated 20.2.2014 passed by the learned Sessions Judge, Sirohi (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No. 23/2014, whereby the application filed by the petitioner under Section 389 Cr.P.C for suspension of sentence awarded vide judgment dated 13.2.2014 passed by learned Chief Judicial Magistrate, Sirohi (hereinafter referred to as the 'Trial Court') in Criminal Original Case No. 37/2014, has been rejected.

(2.) The brief facts of the case are that the petitioner was facing trial for the offence punishable under Sections 341, 323 and 327 I.P.C. in Criminal Original Case No. 37/2014 before the Trial Court. After conclusion of the trial petitioner was convicted for the offence punishable under Sections 341, 323 and 327 I.P.C. and following sentence was awarded to him by the Trial Court vide judgment dated 13.2.2014:- under Section 341 I.P.C. one month RI with fine of Rs. 500/- in default thereof 10 days further imprisonment. under Section 323 I.P.C. one year RI with fine of Rs. 1000/- in default thereof one month further imprisonment. under Section 327 I.P.C. five year RI with fine of Rs. 5000/- in default thereof six months further imprisonment.

(3.) being aggrieved with the judgment dated 13.2.2014 the petitioner has preferred an appeal under Section 374 Cr.P.C. before the Appellate Court, wherein an application under Section 389 Cr.P.C. for suspension of sentence has also been filed. The Appellate Court has rejected the said application for suspension of sentence vide order dated 20.2.2014. The petitioner has preferred this Criminal Revision Petition while challenging the order dated 20.2.2014.