NAND RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This criminal revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short, 'the Code" hereinafter) is directed against the judgment and order dated 31.3.1994 passed by the Sessions Judge, Udaipur (for short, "the Appellate Court" hereinafter) in Criminal Appeal No. 123/1993, whereby the appeal filed by the petitioner against the judgment and order dated 09.12.1993 passed by the Additional Chief Judicial Magistrate, Vallabhnagar, district Udaipur (for short, "the trial Court" hereinafter) in Criminal Case No. 426/1986, was dismissed and the judgment and order of the trial Court convicting and sentencing the petitioner for the offences under Sections 279, 337, 338 and 304A of the Indian Penal Code was maintained.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor. Carefully gone through the judgments and orders passed by both the courts below, as also the record of the trial Court.

(3.) It is contended by the learned counsel for the petitioner that the occurrence is of the year 1982 and almost 27 years have elapsed from the date of the occurrence; the petitioner has suffered the imprisonment for one month during pendency of the revision petition and, therefore, without challenging the conviction of the petitioner, submitted that the sentence awarded to the petitioner may be reduced to the period of imprisonment already undergone by the petitioner. Learned counsel for the petitioner has relied on the decisions of the Honourable Supreme Court in A.P. Raju Vs. State of Orissa, 1995 Supp. (2) SCC 385 ; Jagdish Chander Vs. State of Delhi, (1973) 2 SCC 203 ; and Nand Ballabh Pant Vs. State (Union Territory of Delhi), (1976) 4 SCC 512 .