MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dated 07.05.2011 passed by learned Sessions Judge, Sirohi (hereinafter referred to as 'the appellate court') in Criminal Appeal No.71/2011 by which the appellate court dismissed the appeal of the petitioners and upheld the judgment dated 23.03.2011 passed by the learned Judicial Magistrate, First Class, Revdar (hereinafter referred to as 'the trial court') in Regular Criminal Case No.373/2009 whereby, the learned trial court convicted the present petitioners for offence under Sections 420 and 508 IPC and sentenced as under :

(2.) On this complaint, the police registered the case against the accused-petitioners and started investigation. After investigation, the police filed challan against the present accused-petitioners for offence under Sections 420, 508 and 120B IPC. Thereafter, the charges of the case were framed against the accused-petitioners.

(3.) At the threshold, learned counsel for the accused-petitioners does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2009 and the accusedpetitioners were arrested on 09.07.2009 and they were in judicial custody during whole trial and released only on 30.06.2011, thus they have so far suffered a sentence of about one year eleven months out of total sentence of three years for offence under Section 420 IPC. Counsel further submits that for offence under Section 508 IPC, both the petitioners have already served the sentence. In such circumstances, it is prayed that the substantive sentence awarded to the accused-petitioner for the offence under Section 420 IPC may be reduced to the period already undergone by them. At the threshold, learned counsel for the accused-petitioners does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2009 and the accusedpetitioners were arrested on 09.07.2009 and they were in judicial custody during whole trial and released only on 30.06.2011, thus they have so far suffered a sentence of about one year eleven months out of total sentence of three years for offence under Section 420 IPC. Counsel further submits that for offence under Section 508 IPC, both the petitioners have already served the sentence. In such circumstances, it is prayed that the substantive sentence awarded to the accused-petitioner for the offence under Section 420 IPC may be reduced to the period already undergone by them.