2008 (7) TMI 427

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..... ed to one year's imprisonment. However, the sentence of fine shall remain intact, which the petitioners shall deposit within a period of 15 days from today, if not already deposited, else they shall serve out the sentence in default of payment of fine. Both the accused as per record, are in jail. They shall be released on completion of their term of imprisonment of one year after setting off the period of judicial and police custody, as provided for in Section 428 CrPC.
Deo Narayan Thanvi, J. [Order (by the Court)]. - This is a revision petition against the judgment of the learned Additional Sessions Judge (FT) No. 3, Jodhpur, whereby he dismissed the appeal of the appellants and maintained their conviction and sentence u/s. 135(1)(i) o .....

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..... s and summoned them through warrant of arrest. Since the case was instituted otherwise than on police report i.e. on complaint, therefore, before framing of the charge, 8 witnesses from the side of the complainant were examined. Thereafter, the charge u/s. 135(1)(i) of the Act was framed against both the accused to which they pleaded not guilty and claimed trial. All the eight witnesses were further cross examined by the accused persons after charge. Thereafter, the complainant produced two more witnesses viz; Bhagwan Singh, PW 9 and Amritlal Soni, PW 10. After evidence of the complainant, the statements of the accused u/s. 313 CrPC were recorded. They led no evidence. After hearing the arguments, learned Magistrate convicted the accused-ap .....

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..... o this sub-clause which says that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than one year. Here, in the present case, neither the trial Court nor the appellate Court have recorded any special reasons and ends of justice will be met as contended by the learned counsel for the petitioners if they are sentenced to the minimum period provided under the above proviso. 5. Consequently, this revision petition is partly allowed. While maintaining the conviction of the appellants Shaitan Singh and Sawai Singh recorded u/s. 135(1)(i) of the Act by the ACJM (Economic Offences), Jodhpur vide his judgment dt. 3-11-2001 and confirmed by Additional S .....

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