LALA @ USMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the accused-petitioners under Sec. 397 read with Sec. 401 Cr.P.C. assailing the judgment of conviction and sentence dtd. 18/10/2004 passed by the Court of Civil Judge (Junior Division) and Judicial Magistrate No. 2, Alwar (Raj.) (for short the Rs.Trial Court') in Criminal Case No. 160/2000, whereby the learned Trial Court convicted the accused-petitioners for the offence punishable under Sec. 365 IPC to undergo two years' simple imprisonment and a fine of Rs. 700/- each and in default of payment of fine, to further undergo one month's imprisonment, for offence punishable under Sec. 353 IPC to undergo three months' simple imprisonment and a fine of Rs. 300/- each and in default of payment of fine to further undergo seven days' simple imprisonment. The petitioners have further challenged the judgment dtd. 3/7/2006 passed by the Court of learned Additional Sessions Judge (Fast Track) No. 2, Alwar (Rajasthan), (for short the Rs.Appellate Court') in Criminal Appeal No. 48/05, whereby the learned Appellate Court partly allowed the appeal and while maintaining the conviction of the accused-petitioners, altered the sentence of the accused- petitioners under Sec. 365 IPC to undergo six months' simple imprisonment and a fine of Rs. 1000/- each and in default of payment of fine, to further undergo one month's additional simple imprisonment, for offence punishable under Sec. 353 IPC to undergo three months' simple imprisonment and a fine of Rs. 300/- each and in default of payment of fine to further undergo seven days' additional simple imprisonment.

(2.) Learned Counsel for the revisionist-petitioners submits that the sentence, so awarded to the revisionist-petitioners, was suspended by the Court vide its order dtd. 24/7/2006. Counsel makes only a limited prayer that without making any interference on merits/conviction, the sentence awarded to the present revisionist-petitioners may be substituted with the period of sentence already undergone by them, which is about twenty one days.

(3.) Learned Public Prosecutor has vehemently opposed the prayer made by learned Counsel for the revisionist-petitioners.