GOPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Gopi was convicted under Section 4/9 of the Opium Act and sentenced to six months' R.I. and a fine of Rs. 500/ - by the learned Munsif and Judicial Magistrate, Chittorgarh by his judgment dated 19 -4 -1979. On appeal, the learned Additional Sessions Judge, Chittorgarh maintained the conviction but reduced the sentence for four months' R.I. and a fine of Rs. 200/ -. Still being unsatisfied, he has come up in revision.

(2.) THE only contention raised by the learned Counsel for the petitioner is that looking to all the circumstances of the case, the sentence awarded to the petitioner deserves to be reduced. In view of this contention, I have heard the learned Public Prosecutor also.

(3.) IF therefore, partly allow this revision and while maintaining the conviction of the petitioner, reduce the substantive sentence awarded to him to that already undergone by him and in lieu of reduction of the substantive sentence, the fine is increased by a sum of Rs. 700/. It the fine is not paid, the petitioner shall undergo three months' S.I.