PRABHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the accused-petitioner under Sec. 397 read with Sec. 401 Cr.P.C. assailing the judgment of conviction and sentence dtd. 3/8/2005, passed by the Court of Judicial Magistrate Bhawanimandi, District Jhalawar, Rajasthan (for short the Rs.Trial Court') in Criminal Case No. 181/97, whereby the learned Trial Court convicted the accused-petitioner for the offence punishable under Sec. 326 IPC to undergo two years rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine, to further undergo additional three months simple imprisonment, for the offence punishable under Sec. 148 IPC to undergo six months simple imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo additional fifteen days simple imprisonment and for the offence punishable under Sec. 323 IPC to undergo one month simple imprisonment. The petitioner has further challenged the judgment dtd. 7/3/2006 passed by the Court of Special Judge, SC/ST (Prohibition of Atrocities) Cases, Jhalawar (for short the Rs.Appellate Court') in Criminal Appeal No. 687/2005, whereby the learned Appellate Court partly allowed the appeal of the appellant-petitioner while maintaining the conviction of the accused-petitioner, modified the sentence of the accused-petitioner under Sec. 326 of IPC to undergo two years rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine to further undergo three months additional simple imprison- ment and under Sec. 323 IPC to undergo one month simple imprisonment.

(2.) Learned Counsel for the revisionist-petitioner submits that the sentence, so awarded to the revisionist-petitioner, was suspended by the Court vide its order dtd. 4/4/2006. Counsel further submits that the present matter pertains to an incident which occurred in year 1997 and this revision petition has been pending since year 2006. Counsel makes only a limited prayer that without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioner may be substituted with the period of sentence already undergone by him.

(3.) Learned Public Prosecutor has vehemently opposed the prayer made by learned Counsel for the revisionist-petitioner.