Nathu Singh vs State of Rajasthan

S.S. Byas, J.—By his judgment dated August 11, 1973 the learned Munsif and Judicial Magistrate, Sirohi convicted the accused-petitioner Nathu Singh and Swaroop Singh under Sections 323 and 429, I.P.C. and sentenced each of them to two months'' rigorous imprisonment with a fine of Rs. 100/- on first and six months'' rigorous imprisonment with a fine of Rs. 200/- on second count Both of them went in appeal. The learned Additional Sessions Judge Sirohi accepted the appeal of accused Swaroop Singh and acquitted him of all the offences. The appeal of accused Nathu Singh was allowed His conviction and sentence u/s 323, I.P.C. were wide However, his conviction u/s 429. I.P.C. was maintained but the term of sentence awarded to him was reduced from six months to that of two months. The amount of fine was maintained. Accused Nathu Singh has come up in revision.

Learned Counsel appearing for the accused petitioner did not challenge his conviction. The only submission made by him is in respect of the sentence. It was argued that the accused has served the sentence for 17days from November 7,1978 to November 23,1978. He was a young man at the time of the commission of the offence. The offence was committed lone back in 1974. It would, therefore, be not proper to re-send him to jail The submission was opposed by the learned Public Prosecutor.

I have taken the respective submissions into consideration. Admittedly the accused-petitioner was a young men at the time of the commission of the offence. He has already served a part of the sentence for 17 days, Looking to the facts and circumstances of the case the prayer made by the learned Counsel for the petitioner does not appear improper, it does not appear advisable that the accused should be resent to jail nearly after 8 or 9 years of the commission of the offence. In these circumstances, the ends justice will be evenly balanced if the term of the sentence of the accused is reduced to the period already undergone by him.

In the result, the revision is partly allowed. The conviction of accused Nathu Singh u/s 429, I.P.C. is maintained, of But the sentence of two months rigorous imprisonment awarded to him is reduced to the period already undergone by him. The fine is maintained. The accused is allowed one month''s time in deposit the amount of fine, if not deposited, (n case the accused fails to deposit the fine within the aforesaid period, the learned Munsif & Judicial Magistrate, Sirohi will proceed against him according to law.