MOHD. SADDIQUE Vs. STATE OF RAJ
LAWS(RAJ)-2012-12-96
HIGH COURT OF RAJASTHAN
Decided on December 18,2012

Mohd. Saddique Appellant
VERSUS
STATE OF RAJ Respondents

JUDGEMENT

- (1.) THESE revision petitions have been filed against the judgment 6.10.2012 whereby the present petitioners have been convicted and sentenced by the court below for the offences under Sections under Sections 447, 148, 323/149, 324/149, 325/149 and 365 IPC. The appeal has also been partly dismissed and acquitted the present petitioners from the offence under Section 365 IPC. Hence this revision.
(2.) THE facts need not to be narrated as the objection of the present petitioners is regarding sentence only. The contention of the present petitioners is that the matter relates to 2009. They are behind the bar since 6.10.2012 and they have been convicted only for the offences under Section 148, 447, 323, 324 and 325 read with Section 149 IPC but in spite of the fact they have not been given benefit of probation. The present petitioners have been acquitted for the offence under Section 365 IPC. Hence a liberal attitude should be adopted and they should be released for the period of sentence already undergone by them and further more their contention is that they are ready to compensate in terms of money to the complainant injured Liyakat Ali.
(3.) IN view of the above both these revision petitions are partly allowed and while maintaining the conviction of the present petitioners, the sentences of the present petitioners are reduced to that already undergone by them on the condition that each accused petitioner should deposit a sum of Rs. 10,000.00 as compensation before the trial court. On deposit of the aforesaid amount, the present petitioners should be released forthwith if not required in any other case. The amount so deposited may be disbursed to the complainant as compensation.;


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