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Kishan Gopal vs State Of Rajasthan Through Pp on 22 February, 2018

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL REVISION PETITION NO. 1379/2015
Kishan Gopal S/o Chhotu Lal, B/c Koli, R/o Village Suwansa,
Police Station Ksehoraipatan, District Bundi (Raj.)
(At present in District Jail, Bundi)
—-Petitioner
Versus
The State of Rajasthan Through P.P.
—-Respondent

For Petitioner : Mr. Jitendra Bajaj
For Respondent : Mr. Ram Ratan Gurjar, P.P.

HON’BLE MRS. JUSTICE SABINA
Order
22/02/2018

Petitioner had faced trial in F.I.R. No. 236/2006 registered

at police station Sadar, District Bundi for the offence under

Sections 498-A, 406 Indian Penal Code, 1860 (hereinafter

referred to as ‘I.P.C.’).

Trial court vide judgment/order dated 19.12.2008, ordered

the conviction and sentence of the petitioner under Section 498-

A I.P.C. Petitioner was acquitted qua the charge framed against

him under Section 406 I.P.C. Appeal filed by the petitioner was

dismissed by the Appellate Court vide order dated 15.10.2015.

Hence, the present petition by the petitioner.

During the course of arguments, learned counsel for the

petitioner has submitted that petitioner is facing the criminal

proceedings since the year 2006. Learned counsel for the

petitioner has not challenged the conviction of the petitioner as
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ordered by the courts below but has submitted that sentence

qua imprisonment of the petitioner be reduced to the period

already undergone by him. Complainant has got remarried.

Petitioner is not a previous convict. It was established during

trial that the petitioner had not harassed the complainant on

account of demand of dowry.

Learned State Counsel, has opposed the submissions

made by learned counsel for the petitioner.

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 him.

Accordingly, conviction of the petitioner as ordered by the

courts below, is maintained. However, sentence qua

imprisonment of the petitioner is reduced to the period already

undergone by him.

Petition stands disposed of accordingly.

(SABINA)J.

Mohita/38

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