KARU CHOUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner.

(2.) Heard Ms. Vandana Bharti, learned A.P.P. appearing on behalf of the Opposite Party- State.

(3.) This criminal revision application has been filed against the judgement dtd. 6/9/2014 passed by the learned District and Additional Sessions Judge-XII, Dhanbad in Criminal Appeal No. 104 of 2014 whereby the learned appellate court below has been pleased to affirm the judgement and order of conviction dtd. 21/7/2014 passed by the learned Railway Judicial Magistrate, Dhanbad. The petitioner was convicted and held guilty of the offence under Sec. 3 of Railway Property (Unlawful Possession) Act in R.P. Case No. 54 of 2004 / Trial no. 2005 of 2014 and was sentenced to undergo simple imprisonment for one year with a fine of Rs.2,000.00 and in default of payment of fine, he was directed to undergo simple imprisonment of one year. The learned appellate court upheld the judgement and sentence, but modified the period of simple imprisonment which the petitioner has to undergo in case of default in -payment of the fine amount and reduced it to simple imprisonment of three months only.