HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Revision No. 1061 / 2017
Kailash Chand S/o Shri Surjaram B/c Jat, R/o Sundariyawas, Police
Station Kalwad, Distt. Jaipur (raj.) (at Present in Central Jail,
State of Rajasthan Through PP
For Petitioner(s) : Mr. Rajesh Sharma
For Respondent(s) : Mr. R.R. Gurjar-P.P.
HON’BLE MRS. JUSTICE SABINA
Petitioner had faced trial under Section 406, 420 and 120-B
Indian Penal Code, 1860 (hereinafter referred as ‘IPC’) alongwith
his co-accused .
Trial Court ordered the conviction and sentence of the
petitioner under Section 420, 406 IPC vide judgment/order dated
15.06.2016. Other co-accused were acquitted of the charges
framed against them. Appeal filed by the petitioner was disposed
of by the Appellate Court vide order dated 28.03.2017. Appellant
was acquitted qua offence under Section 406 IPC and his
conviction and sentence under Section 420 IPC was maintained.
Hence, the present petition.
Learned counsel for the petitioner has not challenged the
conviction of the petitioner under Section 420 IPC but has
submitted that the sentence qua imprisonment of the petitioner be
(2 of 2)
reduced to the period already undergone by him. Petitioner has
already undergone more than eight months of actual sentence.
Petitioner shall deposit the entire compensation awarded by the
trial Court before the trial Court. Learned counsel has submitted
that out of the compensation of Rs. 1,00,000/-, petitioner has
already deposit Rs. 20,000/- with the trial Court in pursuance to
the order passed by the Appellate Court.
Learned State Counsel on the other hand has opposed the
Keeping in view the facts and circumstances of the case, it
would be just and expedient to reduce the sentence qua
imprisonment of the petitioner to the period already undergone by
Accordingly, conviction of the petitioner under Section 420
IPC is maintained. However, sentence qua imprisonment of the
petitioner is reduced to the period already undergone by him.
Petitioner who is in custody be set at liberty forthwith if not
required in any other criminal case subject to his depositing the
balance amount of compensation with the trial Court.