Kishoria Vs. State of Rajasthan - Court Judgment |
| Criminal |
| Rajasthan High Court |
| Oct-17-1986 |
| S.B. Cr. Appeal No. 180 of 1984 |
| Milap Chand Jain, J.
|
| 1987WLN(UC)141 |
| Kishoria |
| State of Rajasthan |
penal code - section 394, 324 and 341--sentence--ccused in custody for mare than 4 years--held, sentence is reduced to upto period of his custody and fine of rs. 500/- is remitted.;appeal partly allowed - .....more than four years have passed, his sentence may be reduced to the period of his custody.3. the appellant has been sentenced to seven years rigorous imprisonment for the offence under section 394, ipc and to pay a fine of rs. 500/-, in default of payment of fine to further undergo three years rigorous imprisonment and under section 324, ipc two years rigorous imprisonment and under section 341, ipc one month's rigorous imprisonment. all the sentences have been ordered to run concurrently.4. the appellant is in custody since the date of his arrest and more than four years have passed. in my opinion, the sentence upto the period of his custody is adequate.5. accordingly, the appeal is partly allowed. the convictions of the appellant are maintained and for offence under section 394, ipc his sentence is reduced to the period of his custody. the sentence of fine is remitted. other sentences are maintained, which he had already served out. he be released forthwith if not required in any other case.
Milap Chand Jain, J.
1. Heard learned counsel for the parties.
2. Learned counsel for the appellant has not challenged the conviction of the appellant. He however, urged that the appellant is in custody since 30-7-1982. More than four years have passed, his sentence may be reduced to the period of his custody.
3. The appellant has been sentenced to seven years rigorous imprisonment for the offence under Section 394, IPC and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo three years rigorous imprisonment and under Section 324, IPC two years rigorous imprisonment and under Section 341, IPC one month's rigorous imprisonment. All the sentences have been ordered to run concurrently.
4. The appellant is in custody since the date of his arrest and more than four years have passed. In my opinion, the sentence upto the period of his custody is adequate.
5. Accordingly, the appeal is partly allowed. The convictions of the appellant are maintained and for offence under Section 394, IPC his sentence is reduced to the period of his custody. The sentence of fine is remitted. Other sentences are maintained, which he had already served out. He be released forthwith if not required in any other case.