1 S.B.CRIMINAL REVISION PETITION NO. 287/1994 Kartar Singh & Ors. Vs. State of Rajasthan Date of order :: 6.11.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. M.K. Garg, for the petitioner/s. Mr. O.P. Singaria, Public Prosecutor. ... To assail validity, correctness and propriety of the judgment dated 4.8.1994 passed by the learned Additional Sessions Judge No.1, Sriganganagar, Camp – Srikaranpur affirming conviction of the accused for the offence punishable under Section 365 IPC and reducing the sentence from two years rigorous imprisonment to one year rigorous imprisonment with a fine of Rs.500/- to each and in default of payment of fine to further undergo two months' simple imprisonment this revision petition is preferred. The two accused petitioners viz. Kartar Singh and Ashu Singh @ Aasia have already died during pendency of the revision petition, and therefore, by the order dated 17.9.2009 the petition stood abated against them. An effort is made by learned counsel for the petitioner to challenge the conviction on the count that the trial court failed to appreciate the evidence available on record adequately, however, I do not find any such defect that may have seriously resulted in miscarriage of justice, and therefore, I am not at all inclined to interfere with the matter on merits. 2 It is pointed out by learned counsel for the petitioner that now the petitioner Maggar Singh must be of the age of more than 70 years, therefore, it shall be in the interest of justice to enhance the fine instead of compelling him to undergo remaining sentence. From record I found that the accused has undergone sentence for a period of only nine days. It is also noticed that on 18.4.1992, the day on which he was initially arrested, was of 42 years of the age. Thus, presently he must be of about 70 years. Looking to this fact and also the fact that the parties appear to have compromised their dispute, I consider it appropriate while affirming the conviction, to modify sentence of one year rigorous imprisonment by the fine of Rs.11,000/-, that is required to be deposited within the period of three months from today. Accordingly, this revision petition is disposed of by modification of the sentence of one year rigorous imprisonemnt with fine of Rs.500/- by fine of Rs.11,000/-, that is required to be deposited with the trial court within a period of three months from today. In the event of failure to do so the sentence awarded by the appellate court under the order dagted 4.8.1994 shall stand restored and the petitioner shall be liable to undergo the sentence, excluding the period already undergone. (GOVIND MATHUR), J. Jgoyal '