BALKISHAN @ BALU 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. 7/12/2004, passed by the Court of Additional Chief Judicial Magistrate No. 1, Behror (Alwar) (for short the Rs.Trial Court') in Criminal Case No. 24/03, whereby the learned Trial Court convicted the accused-petitioner for the offence punishable under Sec. 279 IPC to undergo six month simple imprisonment and a fine of Rs. 500/- and in default of payment of fine, to further undergo additional fifteen days simple imprisonment and for the offence punishable under Sec. 304-A IPC to undergo one year simple imprisonment and a fine of Rs. 1000/- and in default of payment of fine to further undergo additional one month simple imprisonment. The petitioner has further challenged the judgment dtd. 17/4/2006 passed by the Court of Additional District & Sessions Judge, Behror, District Alwar (for short the Rs.Appellate Court') in Criminal Appeal No. 6/2006, whereby the learned appellate Court dismissed the appeal of the appellant-petitioner on the account of being time barred.

(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. 25/5/2006. Counsel further submits that the present matter pertains to an incident which occurred in year 2002 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.