VIDHYADHAR JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dtd. 8/5/2018 passed by Additional Chief Judicial Magistrate, Jhunjhunu whereby petitioner was convicted for offence under Sec. 382 IPC and was sentence to three years Rigorous Imprisonment and fine of Rs.5,000.00 on non payment of fine, petitioner was to further undergo one month Simple Imprisonment and against judgment and order dtd. 31/7/2018 passed by Session Judge, Jhunjhunu whereby appeal preferred by the petitioner was rejected. However, sentence was reduced from three years to one month and fine was increased from Rs.5,000.00 to Rs.50,000.00 and on non payment of fine, petitioner was to further undergo Rigorous Imprisonment of six months.

(2.) It is contended by counsel for the petitioner that as per Sec. 386 Cr.P.C. Appellate Court cannot enhance the sentence without providing an opportunity of showing cause against such enhancement. It is also contended that the term sentence includes sentence in lieu of non-payment of fine. Hence, the same would fall within the purview of the proviso to Sec. 386 of Cr.P.C.

(3.) Counsel for the petitioner has placed reliance of "Sahab Singh v. State of Haryana" 1990 AIR 1188 wherein judgment of the High Court for enhancing the fine was set aside and the order of sentence passed by the trial Court was confirmed.