RANJIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed on behalf of accused-petitioner under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 being aggrieved by judgment 24/3/2006 passed by Additional Sessions Judge, Jhunjhunu in Criminal Appeal No. 14/2006, whereby the appeal filed by the petitioner has been dismissed and the judgment dtd. 3/3/2006 passed by Additional Chief Judicial Magistrate, Jhunjhunu in Criminal Case No. 299/2000, whereby the petitioner has been convicted for the offence under Sec. 382 I.P.C. & sentenced to undergo 3 years and six months' rigorous imprisonment with fine of Rs.1,000.00 and in default thereof to further undergo one month simple imprisonment, has been affirmed.

(2.) Learned Counsel for the petitioner submits that he does not want to assail the conviction of the petitioner on merits and confines his arguments with the alternative prayer of reduction of sentence awarded by the Trial Court and affirmed by the Appellate Court to the period already undergone by him. So, he has prayed that this petition filed by the petitioner be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by him.

(3.) On the other hand, learned Public Prosecutor appearing for the State, has submitted that there is no illegality or infirmity in the impugned judgments whatsoever and, therefore, the same do not call for any interference in exercise of revisional jurisdiction by this Court. However, he did not seriously dispute the submission regarding reduction of sentence.