GYARSA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition may be disposed of at the stage of admission as the learned counsel appearing for the petitioner has restricted his argument on the question of sentence only.

(2.) The petitioner was convicted under sections-323 and 325 I.P.C. for causing injuries to the injured Bhairu. The trial Court sentenced him to undergo three, months' simple imprisonment and to pay fine of Rs. 200/- under section-323 and one month's S.I. in default of payment of fine. Under section-325 I.P.C. the accused was sentenced to 1 year's simple imprisonment and a fine of Rs. 500/-. In default of payment of fine, the accused was sentenced to 2 months' simple imprisonment. The appellate Court i.e. Addl. Sessions Judge, Alwar, while maintaining the conviction of the petitioner sentenced him three months' simple imprisonment and to pay a fine of Rs. 500/- under section-325 I.P.C. and to pay a fine of Rs. 200/- under Sec. 323 I.P.C.

(3.) Learned counsel contended the petitioner has already remained in custody for 43 days and taking into consideration all the facts and circumstances, the sentence of imprisonment be reduced to the period already undergone and in lieu thereof, the sentence of fine be increased.