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ANUBHA RAWAT CHOUDHARY
Banaras Sah @ Banaras Saha, son of Late Laxmi Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Nilesh Kumar, learned counsel appearing on behalf of the petitioner.
2. Heard Mr. Bishwambhar Shastri, learned counsel appearing on behalf of the opposite party-State.
3. The present revision application has been filed challenging the legality, propriety and correctness of the judgment dated 3rd March, 2012 passed by the learned District & Sessions Judge-XIII, Ranchi in Cr. Appeal No. 27/2003, whereby the learned appellate court has affirmed the judgment of conviction and order of sentence dated 22nd February, 2003 passed by the learned Judicial Magistrate, 1st Class, Ranchi in G.R. Case No. 3389/1985, T.R. No. 02/2003.
4. The learned trial court has convicted the petitioner for offence under Section 409 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of 3 years with fine of Rs. 5,000/- and in default of payment of fine, he has been directed to undergo further imprisonment for a period of 9 months.
Submission of the petitioner
5. Learned counsel for the petitioner, at the outset, has submitted that he would confine his arguments on the point of sentence. The learned counsel submits that the petitioner has no criminal ant
The court considered the petitioner's age and the lengthy duration of the case in modifying the sentence, balancing the need for justice with the petitioner's circumstances.
The enhancement of a convict's fine by an appellate court without providing notice to the convict is jurisdictionally invalid.
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