HET RAM & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioners namely Het Ram, Prithvi Ram, Kashiram, Dhula Ram, Kalu Ram, Hans Raj & Bhura Ram were convicted by the court of Chief Judicial Magistrate, Sriganganagar in Criminal regular case No.165/1997 (238/1987) on 23.07.1994 under different sections of the Indian Penal Code. They filed a criminal appeal No.63/1994 (70/1994) in the court of Additional Sessions Judge No.1, Sriganganagar and that court by its judgment dated 06.11.1997 dismissed the appeal and also upheld the judgment of the trial court as such. Thus, the accused-petitioners had to suffer conviction and sentence as follows:

(2.) It was further ordered that out of the amount received against the fine, the accused-petitioners will pay Rs.500/- each to the injured Sahab Ram and Ranjeet Singh. All the sentences were ordered to run concurrently. In this Criminal Revision Petition, the only prayer of the accused-petitioners is that they do not want to challenge conviction under various sections of the Indian Penal Code as ordered by the court below but they want benefit of undergone sentence because as per them, they have already suffered thirty five days imprisonment each.

(3.) It has been argued on behalf of the accusedpetitioners that they are first offenders and no previous conviction has been alleged against them.