CRIMINAL APPEAL 714 of 2001 on 16 August 2001

S.B. Criminal Revision Petition No. 714/2001S.B. Criminal Misc. Suspension of SentenceApplication No. 135/2001S.B. Criminal Misc. Suspension of SentenceApplication No. 135/2001

(Om Prakash & Ors. Versus State ofRajasthan)

Date of Order

:: 13[th] May, 2015

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Mr. Lalit Sharma for Mr. Manoj Sharma, forthe petitioners Dr. RS Shekhawat, PP for the State This revision petition has been filed against the judgment dated 16.8.2001

passed by Additional Sessions Judge No.1, Sikar in Criminal Appeal No. 2/2001(20/2000), whereby the appellate court while maintaining the conviction of thepetitioners, as ordered by the trial court,modified the sentence as under:

U/s. 148 IPC: Released them for the periodalready undergone by them in custody i.e. 9days U/s. 323 IPC: Released them for the periodalready undergone by them in custody i.e. 9days U/s. 325 IPC: Released them for the periodalready undergone by them in custody i.e. 9

days, with a fine of Rs. 2000/-

U/s. 324 or 324/149 IPC: Released them forthe period already undergone by them in custody i.e. 9 days, with a fine of Rs.1000/- U/s. 326 or 326/149 IPC: Released them forthe period already undergone by them incustody i.e. 9 days, with a fine of Rs.

5000/-

In default of payment of fine U/s. 324 or324/149 to further undergo 1 monthimprisonment; under Section 325 IPC tofurther undergo 15 days imprisonment; U/s.326 or 326/149 IPC to further undergo 3months' SI. From the amount of fine soimposed, Rs. 30,000/- have been ordered tobe given to injured Sanwar Mal and Rs.10,000/- have been ordered to be given toinjured Pradeep.

The only request has been made bylearned counsel for the petitioners is thatthe amount of fine imposed upon thepetitioners should be reduced from Rs.56,000/- to Rs. 35,000/- on the ground thatpetitioners are poor persons and theincident took place in the year 1991 i.e.about 24 years ago and the petitioners arefacing the trial since the last 24 years;and they have remained in custody. He hasfurther requested that the amount of fineso reduced may be given to the injuredpersons.

Learned PP appearing for the Statehas opposed the same.

I have heard learned counsel for therespective parties and carefully perusedthe relevant material on record.

Lookingtothefactsand

circumstances of the case, the fine soimposed upon the petitioners by the courtbelow is reduced from Rs. 56,000/- to Rs.35,000/- and the petitioners are directedto deposit the same with the court belowwithin a period of 3 months. Upondeposition of the amount of fine by thepetitioners, the same may be given to theinjured persons upon an application beingmoved by them in this regard. Rest of theterms of the judgment of the court belowshall remain unchanged.

The revision petition as also thesuspension of sentence application, bothstand disposed of accordingly.

Impugned judgment stands modified,as indicated above.

(Mahesh Chandra Sharma) J.

DK

All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed. Dilip KhandelwalPADilip KhandelwalPA