BAGDARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard Mr. P.R. Chaudhary counsel for the appellant and Mr. S.K. Mathur Public Prosecutor in this appeal.

(2.) Appellant Bagda Ram has been convicted under S.323, I.P.C. and has been sentenced to one year's rigorous imprisonment and with a fine of Rs. 500/-. It has been provided that in default of payment of fine, the appellant would further undergo rigorous imprisonment for three months. An order was also passed under S.428, Cr. P.C. that the period during which the appellant has been under detention during investigation, inquiry or trial before the date of conviction shall be set off against the term of imprisonment imposed on him on his conviction.

(3.) It was contended by Mr. P.R. Chaudhary that the appellant has already suffered 18 months imprisonment during the trial and thus he should be ordered to be released. As against this, it was contended by the Pubic Prosecutor that the appellant has not deposited the fine of Rs. 500/- imposed upon him and, therefore, he has to undergo imprisonment of three months in default of payment of fine and this period of three months of rigorous imprisonment awarded in default of payment of fine cannot be set off under S.428, Cr. P.C.