KANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397 r/w Sec. 401 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the petitioner against the judgment dt.6/6/2007 passed by Court of ld. Additional Sessions Judge, Behrod District Alwar, in Criminal Appeal No.02/2002, whereby the judgment dt.13/12/2001 passed by Court of ld. Additional Chief Judicial Magistrate, Behrod District Alwar, in Criminal Case No.378/1995 was upheld, and the petitioner was convicted for offence under u/S.279 I.P.C. & sentenced to undergo six months simple imprisonment, for offence u/S.337 I.P.C. sentenced to undergo six months simple imprisonment, for offence u/S.338 I.P.C. sentenced to undergo one year simple imprisonment and for offence u/S.304-A I.P.C. sentenced to undergo two years simple imprisonment.

(2.) Learned counsel for the accused-petitioner contends that the sentence, so awarded to the revisionist-petitioner was suspended by this Court vide its order dt.15/6/2007. Counsel further contends that in the special circumstances where the matters are of extremely old pendency and unless there are aggravating circumstances the same need not to be revisited on merits, and, thus, it is a fit case for interfere of this Court for passing of an order reducing the sentence awarded to the petitioner to the period already undergone by him. Counsel also contends that the petitioner had undergone detention for some period and he is facing agony of a long protracted litigation since 1995 and, therefore, he, makes a limited submission 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.) On the other hand, learned Public Prosecutor 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.