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Judgment
A.K. Shrivastava, J.—This revision application u/s 397/401 of CrPC has been filed by the applicants against the order dated 03.05.2013 passed by learned First Additional Sessions Judge Hoshangabad passed in Criminal Appeal No. 13/2013 affirming the judgment of conviction and order of sentence dated 17.12.2012 passed by learned Judicial Magistrate, First Class, Hoshangabad in Criminal Case No. 100/2007 convicting the applicants u/s 506 later part of I.P.C. and thereby sentencing them to suffer imprisonment of six month RI each and fine of Rs. 500/- each and in default of payment of fine, further R1 for 2 months each. The only prayer which has been put-forth by learned counsel for applicants is that out of total jail sentence of six months, applicants have already served out jail sentence of more than 5 months and this would be the appropriate punishment for the offence which applicants have committed.
However, Shri Shukla, learned Public Prosecutor argued in support of the impugned orders and prayed that this revision application be dismissed.
On bare perusal of the impugned judgment passed by learned two Courts below this Court finds that offence u/s 506 later part of IPC has been proved against both the applicants and therefore looking to the limited jurisdiction of revision, a pure finding of fact cannot be interfered with. Hence, the conviction of applicants u/s 506 later part of IPC passed by learned Trial Court, which has been affirmed by learned Appellate Court is hereby affirmed. However, their sentence is reduced to the period they had already undergone. If they have already deposited the fine amount, applicants be released immediately, if not required in any other case. Resultantly, this revision application succeeds in part. However, their sentence is modified as indicated hereinabove.