1 S.B.Cr.Revsion Petition No.167/1993 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL REVISION PETITION NO.167/1993 Khuma Ram & Ors. Vs. State of Rajasthan Date of Order : : 15/09/2009 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Ashok Upadhyay, for the petitioners. Mr.O.P.Singaria, Public Prosecutor for the State. BY THE COURT: Learned counsel for the petitioners as well as learned Public Prosecutor submit that the petitioner No.1- Khuma Ram has expired. The revision petition filed by Khuma Ram stands abated on his death. The revision petition filed by two other petitioners-Hira Lal and Mohan Ram survives. This criminal revision petition under section 397/401 Cr.P.C. is directed against the judgment and order dated 21.6.1993 passed by Sessions Judge, Churu (for short, "the appellate court" hereinafter) whereby the appeal filed by two petitioners and deceased Khuma Ram against the order dated 12.8.1992 passed by Chief Judicial Magistrate, Churu (for short, "the trial court" hereinafter) in criminal case No.430/82, was dismissed. I have heard learned counsel for the petitioners and 2 S.B.Cr.Revsion Petition No.167/1993 learned Public Prosecutor. Carefully gone through the order impugned as also the record of the trial court. At the outset, learned counsel for the petitioners submits that the main accused against whom the allegation of receiving the money from the complainant, has already expired. So far as the present petitioners are concerned, they have not received any amount from the complainant, however, learned counsel for the petitioners submits that there is concrrent finding of fact recorded by two courts below and therefore, he does not want to challenge the conviction of the petitioners for offence under Section 420 IPC and confines his arguments only to the quantum of sentence. It is submitted by learned counsel for the petitioners that the petitioners-Hira Lal and Mohan Ram have already undergone the part of sentence i.e. above 18 days respectively and the occurrence is of the year 1982 and the fact that main accused-Khuma Ram to whom the complainant is said to have given the amount for sending him abroad, has expired, the substantive sentence awarded to the present petitioners may be reuduced to the period already undergone by them, however, the amount of fine may be reasonably enhanced so as to make good the loss caused to the complainant by deceased Khuma Ram. Learned Public Prosecutor supported the judgments and orders impugned. Having regard to the facts and circumsances of the case as also the fact that the allegation of receiving the amount of Rs.9,000/- is against the accused-Khuma Ram, who has 3 S.B.Cr.Revsion Petition No.167/1993 since expired, at any rate, there is no allegation giving any amount to present two petitioners who are sons of co-accused Khuma Ram, since deceased, and also the fact that both the present peitioners have already suffered the reasonable period of imprisonment and are prepared to pay the amount of fine so as to make good the loss caused to the compplainant, in my view, ends of justice would be met if the sentence of imprisonment awarded to the petitioners is reduced to the period allready undergone by them while enhancing the fine amount from Rs.1000/- to Rs.5000/- each so as to make good the loss caused to the complainant. Consequently, the criminal revision petition filed by the pteitioners-Hira Lal and Mohan Ram, both sons of Khuma Ram, is partly allowed. While maintaining conviction of the petitioners for the offence under Sections 420 IPC, the substantive sentence of imprisonment awarded to the petitioners is reduced to the period already undergone by them and the amount of fine is enhanced to Rs.5,000/- each; in default of payment of fine, the petitioners to undergo a further period of six months imprisonment. The petitioners shall deposite the fine amount with the trial court within a period of three months from today. On such deposit, the amount shall be paid to the complainant- Mana Ram as compensation. Record of the trial court be returned forthwith. (H.R.PANWAR), J. NK