NARAIN 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 of Cr.P.C. assailing the judgment of conviction and sentence dtd. 21/5/2001 passed by the Court of Judicial Magistrate, No. 1, Sanganer, District Jaipur (for short Rs.the Trial Court') in Criminal Case No. 664/1996, whereby the Trial Court convicted the accused-petitioner for the offence punishable under Sec. 326 IPC and sentenced to undergo three years simple imprisonment with a fine of Rs. 5000/- and in default of payment of fine, to further undergo three months simple imprisonment. The petitioner has further challenged the judgment dtd. 29/11/2005 passed by the Court of learned Sessions Judge, Jaipur, District Jaipur (for short the Rs.Appellate Court') in Criminal Appeal No. 35/2001, whereby the learned Appellate Court dismissed the appeal filed by the appellant and affirmed the order passed by the Trial Court.

(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. 16/12/2005. Counsel also submits that the present matter pertains to an incident which occurred in year 1995 and this revision petition has been pending since year 2005. 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.