LAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Counsel for the petitioner in this revision petition has not challenged the conviction of the petitioner under section 457 IPC. His only contention is that in the facts and circumstances of the case the sentence of 6 months is excessive and the accused has already undertaken 11 days imporisonment after his appeal was dismissed and though he is not sure as to how much more imprisonment he has undertaken but the accused has undergone some imprisonment during investigation by the police till he is on bail. He therefore, contended that taking into consideration that the occurrence has taken place in the month of September, 1981 more than 5 years ago, ends of the justice shall be met in case the accused is sentenced to the imprisonment already undergone and to pay the fine.

(2.) IN this case the theft actually was not committed and the accused committed lurking house trespass by night in order to commit an offence of theft. There is no previous conviction against the accused petitioner on record and I am of the opinion that the sentence already undergone and a fine of Rs. 5,000/ - (five hundred) will meet the ends of justice. Consequently, the revision petition is party allowed and the conviction of the petitioner under section 457 IPC is maintained. But the sentence awarded by the court below is modified and the petitioner is sentenced to the imprisonment already undergone and pay a fine of Rs. 506/ -, in default of fine he shall suffer one month Rigorous Imprisonment. The accused shall be released forthwith on has paying the fine The if he is not required in any other case.