2011 (7) TMI 1125

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..... the learned counsel for parties. 2. Petitioner has preferred this revision petition under Section 397 read with Section 401 of Code of Criminal Procedure against judgment and order dated 20th August, 2002 passed by Judge, Special Court (Communal Riots Man Singh Hatya Kand), Jaipur in criminal appeal No.70/01, whereby appellate court, while maintaining the order of conviction passed by trial cour .....

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..... is conviction, does not seriously oppose the prayer of learned counsel for petitioner to reduce the sentence of imprisonment. 5. I have considered the submissions of learned counsel for parties and examined the impugned judgments as well as record of both the courts below. 6. The Superintendent (Prosecution), Central Excise and Custom Department, Office of Commissioner, Jaipur filed a criminal c .....

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..... ents of the accused persons were recorded under Section 313 Cr. P.C. In defence, the statements of DW.1 Rugharam Goyal, DW.2 Gordhan Das, DW.3 Rikhabdas, DW.4 Radhey Shyam and D.W.5 Amar Chand were recorded. 7. Learned trial court, after considering the submissions of parties and considering the evidence on record of the case, convicted and sentenced the accused persons of the offence under Secti .....

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..... etitioner of the above offence. Learned first appellate court has rightly dismissed the appeal. 9. So far as the reduction of period of imprisonment is concerned, there is no dispute that petitioner remained in jail for about 5 days during investigation/ trial and further remained in jail for 29 days after dismissal of his appeal by the appellate court on 20th August, 2002 and before his release .....

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..... but his sentence of imprisonment is reduced from three months rigorous imprisonment to a period of 34 days rigorous imprisonment already undergone by him. So far as the amount of fine is concerned, the same will remain as it is as per direction of trial court and upheld by the appellate court. He is on bail. He needs not to surrender. His bail bonds are discharged.
Case laws, Decisions, Judgem .....

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