M.B.SHARMA, J. - (1.) THE present revision has been filed by the accused petitioner Dhanna Ram against the judgment dated 27th February, 1987 of the Additional District and Sessions Judge, Neem ka thana. Under the said judgment, the learned Judge maintained the conviction of the accused appellant under Section 224 and 332, IPC but reduced the sentence to 6 months rigorous imprisonment and to pay fine Rs. 200/ - under both the counts and in default of payment of fine under each of the count he was further ordered that the accused petitioner shall further to suffer 2 months RI. The learned Munsif and Judicial Magistrate Shri Madhopur under his judgment dated 7th June, 1985 while convicting the accused under Section 332 and 224, IPC had sentenced the undeR each count to undergo RI for I year and to pay fine of Rs. 100/ -. and in default of payment of fine to further undergo 15 days RI.
(2.) THE only contention raised by the learned Counsel for the accused petitioner is the occurrence is said to have been taken place on 23rd November, 1976 i.e. almost more than 11 years ago and the accused has already remained in custody since February 27, 1987 the day his appeal was partly allowed by the learned Additional Sessions Judge. According to the learned Counsel for the accused appellant, taking, into consideration the long period the accused had to undergo ordeal of the trial it shall meet the ends of justice if he is sentenced the sentence already undergone. An offence under Section 224 is punishable with imprisonment of either description for a term which may extend to two years or with fine or with both. Thus an offence done Under Section 322, IPC and in such it is not necessary to inflict any sentence of imprisonment. Taking into consideration that the case is going on since 23rd February, 1976 and the accused has already undergone sentence of about 13 days, in my opinion the sentence already undergone and fine awarded by the learned Additional Sessions Judge shall meet the ends of justice.
(3.) CONSEQUENTLY , the revision petition is partly allowed while maintaining the conviction under Sections 224 and 332, IPC, the accused is sentenced to suffer the sentences already undergone. The sentence of fine under each of the count passed by the Additional Sessions Judge is maintained. The moment the accused shall deposit the fine in the trial court then he shall be released forthwith if he not required in any other case.;