Full Judgment
1. Heard learned counsel for the parties.
2. At the request of learned counsel for the parties, arguments were heard and revision petition is being disposed off finally.
3. Petitioner Bhanwar Singh S/o. Ganpat Singh has preferred this revision petition under Section 397 read with Section 401 Cr.P.C., challenging impugned judgment and order dated 27.06.2011 passed by the Additional Sessions Judge, No. 3, Jaipur Metropolitan, Jaipur, whereby his Criminal Appeal No. 45/2009 was dismissed, which was preferred against judgment and order dated 19.07.2007 passed by Additional Civil Judge(Senior Division) No. 12, Jaipur City, Jaipur in Criminal Case No. 1251/2004, whereby the petitioner was convicted and sentenced as under:-
Accused- petitioner
Under Section
Sentence
Bhanwar Singh
415 r/w. Section 417 IPC
To undergo 6 months' simple imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further undergo 15 days' simple imprisonment.
468 IPC
To undergo 2 years' simple imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to further undergo 1 month's simple imprisonment.
471 IPC
To undergo 2 years' simple imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to further undergo 1 month's simple imprisonment.
All the sentences were ordered to run concurrently.
4. Learned counsel for the petitioner, at the very outset, submitted that he is not challenging order of conviction of the petitioner, in view of finding of fact recorded by both the courts below with regard to commission of offence by the petitioner, but his submission is that the petitioner has already undergone 10 months and 7 days imprisonment, therefore, his period of imprisonment under Sections 468 and 471 IPC may be reduced to a period of imprisonment already undergone by him or to a reasonable period of imprisonment, which this Court thinks fit and proper.
5. Learned Public Prosecutor does not oppose the prayer of learned counsel for the petitioner, in view of the fact that he is not challenging order of conviction of the petitioner.
6. Since the order of conviction has not been challenged, therefore, it is not necessary to refer and discuss the facts and evidence of the case in detail. I have considered submissions of learned counsel for the parties and examined impugned judgments as well as record of both the courts below and I find that there is concurrent finding of fact by both the courts below about commission of offence by the petitioner, which cannot be interferred with by this Court in revisional jurisdiction under Section 397 Cr.P.C. In my view, learned counsel for the petitioner has rightly not challenged the order of conviction of the petitioner passed by trial court and affirmed by appellate court.
7. Learned counsel for the petitioner submits that the petitioner has already completed his sentence of imprisonment in other criminal case and in this case, he has remained in jail for more than 10 months.
8. After considering all the facts and circumstances of the case, I am of the view that finding of both the courts below with regard to commission of offence by the petitioner is absolutely legal, justified and based on proper appreciation of evidence and the same does not call for any interference by this Court.
9. So far as reduction of sentence of imprisonment of the petitioner is concerned, looking to the allegation levlled against the petitioner and other circumstances of the case, I am of the view that this is a fit case for reduction of sentence of imprisonment. In my view, ends of justice will meet, in case the sentence of imprisonment of the petitioner under Section 468 and 471 IPC is reduced from two years' simple imprisonment (in each offence) to one year's rigorous imprisonment in each offence.
10. Consequently, revision petition of the petitioner is partly allowed. Order of conviction and sentence of the petitioner Bhanwar Singh S/o. Ganpat Singh under Section 415 read with Section 417 IPC is maintained. His conviction under Sections 468 and 471 IPC is also maintained, but his sentence of imprisonment under Section 468 and 471 IPC is reduced from two years' simple imprisonment to one year's rigorous imprisonment with fine of Rs. 2,500/-, in default of payment of fine, to further undergo 15 days' imprisonment in each offence. All the sentences will run concurrently, as ordered by the trial court.