PRAVEEN @ MONTU Vs. STATE

JUDGEMENT

(1.) Since the controversy involved in both the petitions arises out of common facts and same judgment, hence same are being decided by this common Juagment.

(2.) These two revision petitions have been filed against the order dated 12th of Aug. 2008 passed by Additional District & Sessions Judge, No. 3, Ajmer (Rajasthan) (for short the appellate court') in Criminal Appeal No. 20/07 (336/06) whereby he partly modified the order dated 28th of Nov. 2006 passed by Additional Civil Judge (Jr. Division) & Judicial Magistrate No.3, Ajmer (for short the trial court') in Criminal Case No. 479/2005 and convicted the petitioner Praveen @ Montu for the offence under Sec. 454 I.P.C. and sentenced him for the period of three years rigorous imprisonment and imposed a fine of Rs. 3,000.00 and in default of payment of fine to further undergo three months rigorous imprisonment and the accused petitioner Ram Gopal has been convicted for the offence under Sec. 411 I.P.C. and sentenced him for the period of one year rigorous imprisonment and imposed a fine of Rs. 3,000.00 and in default of payment of fine to further undergo three months simple imprisonment.

(3.) Mr. M.K. Kaushik counsel appearing on behalf of the petitioner Praveen @ Montu orally submits that his prayer is only to the extent of commutation of the period already undergone by the accused petitioner in subsequent/second case as per section 427 Cr.PC. as accused petitioner Praveen @ Montu has undergone the period of conviction in both the cases jointly (for second/subsequent case accused petitioner Praveen @ Montu has undergone period of conviction in first case) and he does not want to argue the matter on merits because in the instant cases the accused petitioner has already undergone the period of conviction awarded by the courts below.