SB Cr.rev.pet.No.304/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.REVISION PETITION NO.304/2010. Jeetu @ Jitendra & Anr. Vs. State of Rajasthan Date of order : August 18, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sunit Awasthi for the petitioners. Shri Laxman Meena Public Prosecutor for State. ****** BY THE COURT:- This revision petition has been filed by the accused-petitioners challenging the judgment & order of the appellate court dated 11/3/2010 by which while setting aside the order of conviction of both the petitioners passed by the court of learned Additional Chief Judicial Magistrate Mahwa, District Dausa dated 5/5/2007 for offence under Section 326 and 34 IPC, maintained the conviction of both the petitioners for offence under Sections 323, 325 and 323, 325/34 IPC and granted them benefit of probation and also required them to pay a fine of Rs.15,000/- each. Learned counsel for petitioners has confined his challenge only to the quantum of fine and has argued that both the petitioners are un-employed and they are residing with the parents and that the dispute was between brothers. Complainant is SB Cr.rev.pet.No.304/10. 2 brother of the petitioners and that the fine which was imposed upon the petitioners would be excessive and beyond their reach. Learned counsel submitted that a total sum of Rs.30,000/- has been imposed as a fine and in case same is not reduced to the reasonable sum, it will frustrate grant of release of petitioners on probation. 2) Learned Public Prosecutor has opposed the revision petition however, keeping in view the fact that the dispute is between the two brothers and one of the injured, Amar Singh, who has sustained seven injuries, out of which, four injuries are of fractures, learned appellate court was justified in awarding the fine however, quantum of fine imposed appears to be somewhat on higher side. 3) In the result, revision is partly allowed. It is, therefore, ordered that each of the accused-petitioner shall deposit Rs.10,000/- total Rs.20,000/- with the court below, out of which, Rs.12,500/- shall be paid to Amar Singh and Rs.7,500/- to Sonu. However, judgment of the appellate court is maintained in respect of other terms. (MOHAMMAD RAFIQ), J. anil SB Cr.rev.pet.No.304/10. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.STAY APPLICATION NO.373/2010. IN S.B.CR.REVISION PETITION NO.304/2010. Jeetu @ Jitendra & Anr. Vs. State of Rajasthan Date of order : August 18, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sunit Awasthi for the applicant-petitioners. Shri Laxman Meena Public Prosecutor for State. ****** BY THE COURT:- Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil