1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: 1. S.B. CRIMINAL REVISION PETITION NO.637/2008 Kala Ram & Ors. vs. State 2. S.B. CRIMINAL REVISION PETITION NO.638/2008 Kala Ram & Ors. Vs. State 3. S.B. CRIMINAL REVISION PETITION NO.639/2008 Kala Ram & Ors. Vs. State 4. S.B. CRIMINAL REVISION PETITION NO.640/2008 Kakku Ram & Ors. Vs. State 5. S.B. CRIMINAL REVISION PETITION NO.641/2008 kala Ram & Ors. Vs. State Date of Order :: 30-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. R.S. Gill, for the petitioners. Mr. L.R. Upadhyay, Public Prosecutor. Heard learned counsel for the petitioners and learned Public Prosecutor. These are five revision petitions against the judgment of the learned Additional Sessions Judge, Raisinghnagar in which while dismissing the appeals of the petitioners, their conviction 2 and sentences under Section 379 IPC, under Section 3 of PDPP Act and under Section 25 of the I.T. Act awarded by the learned Additional Chief Judicial Magistrate, Raisinghnagar were confirmed. Since all these matters are arising out of the similar incident of theft of telephone wire on different dates and argument putforth is about the sentencing part, therefore they are being disposed of by this common order. The petitioners (1) Kala Ram, (2) Kakku Ram, (3) Veerbhan and (4) Devala @ Devi Lal were convicted and sentenced in each of the Criminal Revision Petitions No.637/2008, 638/2008, 639/2008 and 641/2008 as under:- U/S. 379 IPC & U/s. 3 PDPP Act 2, 2 years RI with fine of Rs 1000 – 1000 for each offences, in default of payment of fine further 3-3 months S.I., U/S. 25 I.T. Act 1 year RI with fine of Rs.500 - 500 to each, In default of payment of fine further 1-1 month S.I. The petitioners (1) Kakku Ram and (2) Devala @ Devi Lal were also convicted in Criminal Revision Petition No.640/2008 and sentenced as under: 3 U/S. 379 IPC & U/s. 3 PDPP Act 2, 2 years RI with fine of Rs 1000 – 1000 for each offences, in default payment fine further 3 months S.I., U/S. 25 I.T. Act 1 year RI with fine of Rs.500 - 500 to each, In default payment fine further 1 month S.I. Learned counsel for the petitioners does not want to argue the case on merits. He simply submits that accused are in Jail for a period of about 10 months and they have been sentenced to two years R.I. in each of the offence U/Ss. 379 IPC and 3 PDPP Act and one year's R.I. under section 25 of the I.T. Act. According to learned counsel, the accused petitioners are poor labourers and their families are suffering for livelihood and out of poverty, they committed theft, therefore some lenient view may be taken in the matters. Learned Public Prosecutor has supported the judgment of the trial court as well as the appellate court and submitted that if accused are released, they will commit the offence again. 4 Having perused the facts and circumstances of all the cases, it appears that the theft of telephone wire took place in between July to October, 2002 and almost six years lapsed, it will be in the interest of justice if the sentence is reduced to one year's imprisonment and to maintain the fine. The learned trial Judge has already ordered the sentences to run concurrently. Consequently, these revision petitions are partly allowed. While maintaining the conviction of the petitioners under Section 379 IPC, 3 PDPP Act and 25 of I.T. Act, they are sentenced as under: In revision petition Nos.637/08, 638/08, 639/08 and 641/08, the accused petitioners (1) Kala Ram, (2) Kakku Ram, (3) Veerbhan and (4) Devala @ Devi Lal are sentenced as under:- U/S. 379 IPC & U/s. 3 PDPP Act 1, 1 years RI with fine of Rs 1000 – 1000 for each offences, in default of payment of fine further 3-3 months S.I., U/S. 25 I.T. Act 1 year RI with fine of Rs.500 - 500 to each, In default of payment of fine further 1-1 month S.I. 5 In revision petition No.640/08, the accused-petitioners (1) Kakku Ram and (2) Devala @ Devi Lal are also sentenced as under: U/S. 379 IPC & U/s. 3 PDPP Act 1, 1 years RI with fine of Rs 1000 – 1000 for each offences, in default of payment of fine further 3-3 months S.I., U/S. 25 I.T. Act 1 year RI with fine of Rs.500 - 500 to each, In default of payment of fine further 1-1 month S.I. [DEO NARAYAN THANVI],J. Praveen