Mohanram Vs. State of Rajasthan - Court Judgment

SooperKanoon Citationsooperkanoon.com/763334
SubjectCriminal
CourtRajasthan High Court
Decided OnMar-15-1989
Case NumberS.B. Cr. Revision Petition No. 277 of 1989
JudgeA.K. Mathur, J.
Reported in1989WLN(UC)169
AppellantMohanram
RespondentState of Rajasthan
Excerpt:
opium act - section 9--sentence--accused 60 years old--incident of 1981--held, sentence is reduced from 1 year to 6 months without fine.;incidence is of the year 1981 and accused is 60 years of age, therefore, i am inclined to reduce the sentence of the accused-petitioner from 1 year r.i. with a fine of rs. 500/- to 6 months r.i. without fine.;revision partly allowed - a.k. mathur, j.1. heard learned counsels. the accused has been convicted under section 9 of the opium act and sentenced to 1 year r.i. and to pay a fine of rs. 500/- in default of payment of fine to further undergo 3 month's, r.i.2. learned counsel for the petitioner does not challenging the conviction and only prays that sentence should be reduced as the accused is 60 years of age, therefore, sentence may be reduced. looking to the facts and circumstances of this case that incidence is of the year 1981 and accused is 60 years of age, therefore, i am inclined to reduce the sentence of the. accused petitioner from 1 year r.i. with a fine of rs. 500/- to 6 month's r.i. without fine.3. in the result i allow the revision petition in part, conviction of the accused petitioner is maintained under section 9 of the opium act. how ever, his sentence is reduced from 1 year r.i. and a fine of rs. 500/- to 6 month's r.i. without any fine.
Judgment:

A.K. Mathur, J.

1. Heard learned Counsels. The accused has been convicted Under Section 9 of the Opium Act and sentenced to 1 year R.I. and to pay a fine of Rs. 500/- in default of payment of fine to further undergo 3 month's, R.I.

2. Learned counsel for the petitioner does not challenging the conviction and only prays that sentence should be reduced as the accused is 60 years of age, therefore, sentence may be reduced. Looking to the facts and circumstances of this case that incidence is of the year 1981 and accused is 60 years of age, therefore, I am inclined to reduce the sentence of the. accused petitioner from 1 year R.I. with a fine of Rs. 500/- to 6 month's R.I. without fine.

3. In the result I allow the revision petition in part, conviction of the accused petitioner is maintained Under Section 9 of the Opium Act. How ever, his sentence is reduced from 1 year R.I. and a fine of Rs. 500/- to 6 month's R.I. without any fine.