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1983 Supreme(Raj) 137

High Court Of Rajasthan
Judgename : S.S.Byas
MOHAN SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Criminal (Jail) Revision 187 Of 1983
Decided On : 07/21/1983

Advocates Appeared:
L.S.UDAVAT, Mohan Singh, SURESH KUMBAHAT

Headnote:Essential Commodities Act, 1955 - Section 3/7-Accused convicted of falsely getting names of two persons entered is ration card - Is sentence of 3 months rigorous imprisonment heavy and harsh? (Yes)-Sentence reduced to term already undergone) (Paras 2 and 4)

       

Judgment


S. S. BYAS, J.

( 1 ) ACCUSED Mohan Singh was convicted under sections 3/7 of the Essential Commodities Act, 1965, and sentenced to six months rigorous imprisonment with a fine of Rs. 100/- by the learned Chief Judicial Magistrate, Udaipur, vide his Judgment dated 23-8-1980. He went in appeal which was heard by the learned Additional Sessions Judge, Udaipur. The learned Sessions Judge maintained the convictions the accused but reduced the sentence to three months. The fine was maintained Hence this revision petition.

( 2 ) THE only submission made by the learned Amicus Curiae is that this sentence imposed is heavy and harsh. The only a allegation against the accused is that he falsely get the names of two persons inserted. In his Ration Card, as such lenient view should be adopted in the matter of sentence.

( 3 ) THE submission of the learned Amicus Curiae appears to be just and proper. Looking to the nature of the offence committed by accused, it would not be improper to further reduce the sentence to the term already under gone by him.

( 4 ) IN the result, this revision petition if partly allowed while maintaining the conviction of the accused, the sentence of three months is reduced to the term already under gone by him. The sentence of fine is set aside. The accused is serving out the sentence. He shall be immediately set at liberty, if not wanted in any other case. Revision Petition Partly allowed.


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