OM PRAKASH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. Lodha states that he will not challenge the order of conviction, but he contends that the sentence, in the facts and circumstances of the case, is exorbitant In this connection he has pointed out that the case relates to the year 1972. The offence in question is his first offence and looking to the price charged for the milk, sold, a lenient treatment in the matter of sentence be given to the petitioner. Admit.

(2.) At the request of the parties the case is finally disposed off. It is not in dispute that offence relates to the year 1972 and the accused is under the democle's sword of the prosecution for a period of above five years. He has also remained in jail for ten days. It is further not in dispute that it is his first offence. It has also been pointed out that the accused is a poor man having eight members in the family. Looking to the peculiar facts and circumstances of this case I think, it proper to reduce the sentence of the accused-petitioner from six months to ten days, already under gone, and a fine of Rs. 1,000/- (one thousand). In default of payment of fine he shall have to undergo simple imprisonment for three months.

(3.) This revision-petition is, therefore, partly accepted with the above modification in sentence. Revision petition partly allowed.