MADHO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This court vide its judgment dated 28.2.2005 while maintaining conviction of the petitioner under Sec. 326 Penal Code sentenced him to the period already undergone by him with a fine of Rs. 5000.00. In default of payment of fine the petitioner was to undergo rigorous imprisonment for a period of six months. The petitioner failed to deposit the amount of fine.

(3.) Learned counsel appearing for the petitioner contended that the petitioner is a poor and illiterate villager and left for Kota to earn his livelihood Hi was not aware of the judgment delivered by this court ;n revision petition. According to the learned counsel, failure the deposit the amount of fine was bong fide and now having come to know about the judgment of this court, the petitioner has preferred this application and is ready to deposit the amount of fine within the time as may be stipulated by this court.