The present applicant -
original accused No.2, who is convicted by the learned Judicial Magistrate First Class, Godhra has challenged the order dated 1.1.2003 passed in Criminal Case No.1685 of 2001 convicting the applicant under Section 3 of the Railway Property (U.P.) Act and sentenced R.I. for the period of 1 month and fine of Rs.1,000/- and in default 1 month S.I. Against the said order the applicant filed Criminal Appeal No.52 of 2004 before the learned Sessions Judge, Dahod. The learned Sessions Judge, Dahod, by judgment and order dated 7.9.2006 confirmed the order passed by the learned JMFC rejected the Appeal of the present applicant. Against that order present application is preferred before this Court to reduce the said sentence.
Heard Mr.Y.M.Thakkar, learned counsel for the applicant. He has read judgment and order passed by the learned JMFC and the learned Sessions Judge, Dahod, and contended that in the case of Nirmal Lal Gupta Vs. State of Orissa, reported in 1995 SCC (Cri.) 782 the Hon'ble Supreme Court has considered at para 4 and 5 the same issue which is now applicable in the present revision. He has contended that the present applicant is poor person and the co-accused has expired. He has further contended that the order of the learned Judge is required to be quashed and set aside and simple fine can be imposed.
Heard Mr.H.L.Jani, learned APP for the respondent - State. He has read the judgment and order of both the Courts below and contended that learned Judge has rightly convicted present applicant.
Heard learned counsel for the respective parties at length and in great detail. The present applicant is convicted by learned Judge in the year 2003 and Appeal is also decided in the year 2003. I have perused the papers and have gone through the judgment and order of both the Courts below and citation cited by Mr.Thakkar.
The punishment of sentence imposed by the learned Judicial Magistrate First Class, Godhra in Criminal Case No.1685 of 2001 as confirmed by learned Sessions Judge, Dahod in Criminal Appeal No.52 of 2004 by order dated 7.9.2006 is hereby quashed and set aside and fine amount is enhanced from Rs.1,000/- to Rs.3,000/-.
Accordingly this Revision Application is partly allowed. Rule is made absolute to the aforesaid extent.
(Z.
K. SAIYED, J) kks Top