SUKHDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the appellate judgment of the learned Additional Sessions Judge, Sri Ganganagar whereby he has maintained the conviction of the accused -petitioner Sukhdeo Singh under Section 411 IPC recorded by the learned Munsif and Judicial Magistrate, Srikaranpur vide his order dated 28 -10 -1976. The sentence of one year's rigorous imprisonment together with a fine of Rs 50/ -was reduced to 6 month's rigorous imprisonment and a fine of Rs. 50/ - by the Addl. Sessions Judge, Sri Ganganagar.

(2.) THE facts necessary to be noticed for the disposal of this revision briefly stated are: that on the night intervening 9th and 10th June, 1973, the accused petitioner committed the house breaking in the house of one Gurudeo Singh and committed theft of certain cash and ornaments. A case under Section 457 and 380 IPC was registered against the accused -petitioner and after usual investigation, the case against the accused was challaned in the court of learned Munsif and Judicial Magistrate, Shri Karanpur, who held him guilty or the offence under Section 411 IPC and sentenced him as aforesaid. The appeal met the same fate, as mentioned above. Hence this revision.

(3.) MR . M.K. Garg, learned Counsel for the accused -petitioner has submitted that he does not want to challenge the conviction of the accused -under Section 411 IPC. He has, however submitted that the occurrence is dated 10th June, 1973, i.e. almost 14 years old. The accused has remained in custody for 21 days during investigation and trial where as he has remained in custody for 70 days after his appeal was decided by the learned Sessions Judge and before he was released under the orders of this Court. In all, he has remained in custody for 91 days. Looking to the nature of the offence and the fact that he has been facing trial for the post about 14 years, a lenient view, so far as the sentence is concerned, is called for, Dr. S.S. Bhandawat, learned Public Prosecutor does not oppose the submission.