Full Judgment
Cr.R.No.2096/2013 10.10.2013 Shri A.K.Tiwari, Advocate for petitioner.
Shri Yogesh Dhande, Government Advocate for the respondent/State.
With consent, the matter is finally heard.
This revision petition has been preferred against the judgment dated 3.10.2013 passed by Additional Sessions Judge, Maihar, District Satna, in Cr.A.No.142/13 whereby the judgment passed by the trial court convicting the petitioner under Sections 341 and 354 of the IPC and sentencing him to undergo S.I.for one month and to pay a fine of Rs.500/- and to undergo R.I.for 1 year and to pay a fine of Rs.500/- respectively, was modified to the extent that custodial sentence under Section 354 of the IPC was reduced to six months R.I.while the corresponding fine amount was enhanced to Rs.3000/-.
At the outset, learned counsel for the petitioner submitted that he does not want to challenge the convictions awarded to the petitioner.
However, he prayed that the custodial sentences passed against the petitioner may be reduced to the period already undergone.
According to him, the petitioner is in jail since 3.10.2013.
In response, learned Government Advocate submitted that the convictions were well merited and the impugned judgment does not warrant interference.
Taking into consideration facts and circumstances of the case including the fact that petitioner has no criminal antecedents, interests of justice would be met if the term of custodial sentence is suitably reduced with appropriate enhancement in fine sentence.
In view of the aforesaid, impugned convictions are maintained.
Consequent sentences passed under Section 341 of the IPC are also affirmed.
However, the term of custodial sentence under Section 354 of the IPC is reduced to two months and fine amount is also reduced to Rs.2000/- (Rupees Two thousand).The custodial sentences shall run concurrently.
In the result, the revision stands allowed in part.
Copy of the order be sent to the trial Court for information and compliance.
(B.D.RATHI) JUDGE (and)