HABBURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by judgment and order dtd. 4/10/2016 passed by Additional Chief Judicial Magistrate Rajgarh, District Alwar, whereby the petitioner has been convicted for offence under Sec. 419, 354, 170 and 323 IPC and has been sentenced to undergo two years rigorous imprisonment for offence under Sec. 419 IPC and fine of Rs.2000.00 and on non-payment of fine to further undergo two months simple imprisonment, for offence under Sec. 354 IPC, petitioner has been sentenced one year rigorous imprisonment and fine of Rs.1,000.00 on non-payment of fine to further undergo one month simple imprisonment, for offence under Sec. 170 IPC, he has been sentenced two years simple imprisonment and fine of Rs.2,000.00 on non-payment of fine to further undergo two months simple imprisonment and for offence under Sec. 323IPC, he has been sentenced for six months simple imprisonment and fine of Rs.1,000.00 on non-payment of fine to further undergo one month simple imprisonment.

(2.) It is contended by counsel for the petitioner that the conviction under Sec. 419 IPC cannot be sustained as the ingredients of Sec. 419 IPC are not made out. It is also contended that since the petitioner has been convicted for offence under Sec. 170 IPC, there was no justification for convicting him under Sec. 419 IPC.

(3.) Counsel for the petitioner, however, submits that he does not want to press the revision petition on merits. His only prayer is for deduction of the sentence as petitioner has faced the agony of trial for the last fourteen years.