MAHESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the Petitioner and learned Public Prosecutor in S.B. Criminal Revision No. 29/86, 326/85, 327/85 along with S.B. Cr. (Jail) Revision No. 69/86. S.B. Cr. Revision No. 326/85 has been filed by the accused petitioner Shri Mahesh Chand against the judgment dated 28.6.1985 of the learned Additional Sessions Judge No.

(2.) Ajmer. Under the aforesaid judgment the learned Additional Sessions Judge disposed of two appeals No. 20/84 and 21/84. Both the appeals were dismissed by the learned Additional Sessions Judge. An appeal has been filed by the accused against the judgment dated 28.6.85 of the learned Additional Sessions Judge under which he dismissed the appeal No. 20/84 preferred before him by the accused petitioner. SB. Cr. Revision No. 69/86, has been filed against the judgment dated 10th October, 1985 of the learned Additional Sessions Judge, Beawar in Criminal Appeal No. 22/84 which was filed before him in Criminal case No. 157/81 State v. Mahesh Chand under section 420. In Cr. Misc. No. 22/84 which was filed before him In Criminal No. 157/81 State v. Mahesh Chand under section 421 IPC the petitioner has prayed that he was in judicial custody during the period from December 7, 1984 to June 2, 1985. This period should be set off. 2. The accused petitioner was convicted in criminal case No. 1/80 under section 420 IPC by the Judicial Magistrate Kishangarh on December 21, 1981 and was sentenced to undergo one year and 6 months rigorous imprisonment and to pay a fine of Rs. 1500/ in default of payment 2 months rigorous imprisonment. He preferred an appeal which was registered as Criminal Appeal No. 21/84 and the same was dismissed by the learned Additional Sessions Judge in his judgment dated June 28, 1985. Thus the sentence awarded was upheld. In another appeal No. 109/79 the accused was sentenced to 1 years and 6 months rigorous imprisonment and to pay a fine of Rs. 500.00 under section 420 IPC he preferred an appeal and the Additional Sessions Judge No. 2. Ajmer dismissed the same in appeal No. 20/80 in June, 28, 1905. The trial Court had also disposed of the criminal case No. 109/79 dated 21/2/1986. In Criminal case No. 157/81 the accused petitioner was convicted under section 420 IPC and was sentenced to undergo 2 years rigorous imprisonment and to pay a fine of Rs. 100.00 in default of payment to suffer 2 months rigorous imprisonment. The period of imprisonment from 23/2/1981 to 25/2/1981 was ordered to set off. An appeal was filed against the judgment dated 22.1.1982 in criminal case No. 175/81 and the learned Additional Sessions Judge, Beawar under its judgment dated 10 to 1985 dismissed the appeal. From the narration of the above facts it would be clear that there were 3 criminal cases against the accused, criminal case No. 181/ 1980, 109/79 and 157/81. In the first two cases, the accused was convicted and sentenced by the learned Judicial Magistrate, Kishangarh to undergo one year and 6 months rigorous imprisonment and to pay a fine of Rs. 500.00 and in default of payment to further suffer 2 months simple imprisonment. In criminal case No. 157/81 the accused was sentenced by the learned Judicial Magistrate Beawar to undergo 2 years rigorous imprisonment and to pay a fine of 5,000.00 in default of payment to suffer simple imprisonment. In my opinion, so far as the sentences awarded to the accused in criminal case No 109/79 and criminal case No. 181/80 decided by the trial court by separate Judgment dated 28/6/1985 is concerned and by Additional Sessions Judge No. 2, Ajmer the sentences be ordered to run concurrently. But so far as the sentence awarded in Criminal case No. 157/81 decided by the trial court dated 22/2/1985 and by Additional Sessions Judge Beawar on 10/10/1985 on such order can be passed. Thus the accused petitioner shall under go the sentence awarded in criminal case No. 157/81. He shall undergo sentence in two cases No. 181/80 and 109/81 also which shall run concurrently.

(3.) Consequently, the above numbers of revision petitions are allowed as under;