MAHESH CHANDRA SHARMA,J. - (1.) This revision petition has been filed by the petitioner against the judgment/order dated 16.8.2003 passed by Addl. Sessions Judge, Jhalawar in Cr. Appeal No. 13/2003 whereby while maintaining the conviction and sentence of the petitioner for the offence under Sections 170, and maintaining his conviction under section 203 of Municipality Act, modified the sentence of the petitioner for the offence U/s. 203 of Municipality Act, as awarded by the trial court vide judgment/order dated 11.2.2003 passed in Criminal Case No. 330/2002, and passed the order as under: U/s. 170 of Municipality Act: To pay a fine of Rs. 100/- in default of payment of fine, to further undergo 7 days' simple imprisonment U/s. 203 of Municipality Act: To undergo 3 months' SI with a fine of Rs. 2000/- in default of payment of fine, to further undergo 2 months' SI, instead of 6 months SI; with a fine of Rs. 2000/- in default of payment of fine, to further undergo 2 month's SI.
(2.) Brief facts of the case are that on 17.7.1998, a written report was submitted by Executive Officer, Municipal Council, Jhalrapatan. On the basis of said report, FIR No. 196/1998 was lodged by the police and investigation was commenced. After completion of investigation, the police filed the challan against the accused petitioner before Chief Judicial Magistrate, Jhalawar. Thereafter the charges were framed against the accused person for the offence under Sections 170 and 203 of the Municipality Act, who denied the same and claimed for trial. Thereafter the case was transferred to Addl. Chief Judicial Magistrate (Fast Track), Jhalawar for trial. The prosecution produced its witnesses and got recorded their statements. Thereafter the statement of accused persons were recorded under Section 313 Cr.PC. After hearing the arguments of both the sides, the learned trial court vide judgment/order dated 15.2.2003 convicted accused petitioner for the offence under Section 170 and 203 of Municipality Act and sentenced him as under: U/s. 170 of Municipality Act: To pay a fine of Rs. 100/- in default of payment of fine, to further undergo 7 days' simple imprisonment U/s. 203 of Municipality Act: To undergo 6 months SI; with a fine of Rs. 2000/- in default of payment of fine, to further undergo 2 month's SI.
(3.) Against the said judgment and order of the trial court, the petitioner preferred the appeal. The appellate court vide judgment/order dated 16.8.2003 while maintaining the conviction and sentence of the petitioner for the offence under Section 170 of Municipality Act and maintaining his conviction for the offence under Section 203 of Municipality Act, modified his sentence, as indicated above.;