BHULAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the judgment dated 3.2.1997 passed by the learned Addl. Sessions Judge, Rajgarh, Camp at Lakshmangarh, Distt. Alwar by which he has confirmed the conviction and sentence passed by the learned Judi Magistrate, Lakshmangarh dated 4.9.1989 whereby he convicted the petitioner accused for the offence under Sec. 420 Indian Penal Code and sentenced to undergo one year rigorous imprisonment and a fine of Rs. 200.00. In default of payment of fine, to further undergo two months rigorous imprisonment.

(2.) The facts of the case are contained in the judgment of Courts below and more so, in the judgment of the trial Court in details. The only prayer which has been made by the learned counsel for the petitioner is that the case is of the year 1976 and the accused petitioner has already undergone more than two and half months sentence. Not only this, the accused petitioner is running in the age of 75 years and no recovery has been made at his instance. Learned counsel for the petitioner has placed reliance on the case of Jamnalal vs. State of Rajasthan, 1990 Cr.L.R. (Raj.) 176 .

(3.) There can be no dispute that the incident relates to the year 1976 and at that time, the accused petitioner was about 40 years of age.Thus, the accused petitioner now is aged about 69 years. As no recovery has been made at the instance of the accused as stated by the learned counsel for the petitioner, near about 29 years are to be elapsed since, the date of occurrence. Therefore, looking to all the facts and circumstances of the case and taking into consideration the fact that the incident relates to the year 1976, no purpose would be served if the accused petitioner is sent to jail.