1 S.B.CIVIL CRIMINAL REVISION PETITION NO. 194/1994 Harman Ram & Anr. Vs. State of Rajasthan Date of Order :: 12.11.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. L.R. Choudhary, for the petitioner/s. Mr. A.R. Nikub, Public Prosecutor. ... To assail validity, correctness and propriety of the judgment dated 19.5.1994 passed by the learned Sessions Judge, Balotara affirming conviction of the accused-petitioners for the offence punishable under Section 429 IPC under the judgment dated 26.5.1993 passed by the learned Judicial Magistrate, Siwana in Criminal Case No.101/91 this revision petition is preferred. By the judgment impugned learned appellate court reduced sentence from two years' rigorous imprisonment with a fine of Rs.500/- to six months' rigorous imprisonment with a fine of Rs.1000/- and to further undergo three months' imprisonment in the event of default for making payment of fine. The contention of learned counsel for the accused-petitioners is that there was no adequate evidence to establish any offence punishable under Section 429 IPC against the petitioners. It is also stated that the sentence awarded is not proportionate to the offence established. 2 I do not find any merit in the arguments advanced. As a matter of fact, it is not open for this Court to re-appreciate the evidence while exercising revisional powers under Section 397 readwith Section 401 Cr.P.C. On examination of record I am satisfied that no wrong is committed by appellate court in affirming the findings given by the trial court, and as such, there is no miscarriage of justice warranting interference of this Court. Adequate evidence is available on record to establish rendering a camel useless by killing. However, looking to the fact that the incident relates to the year 1991 and the appellate court also reduced the sentence looking to age of the accused persons I consider it appropriate to modify the sentence in the terms that instead of any imprisonment each accused-petitioner is liable to deposit a fine in a tune of Rs.2000/-. The fine aforesaid is required to be deposited with the trial court within a period of two months from today. In the event of failure to do so within the period prescribed the order passed by the appellate court dated 19.5.94 shall stand restored and the accused petitioners shall be liable to undergo the sentence awarded therein with fine. The revision petition is disposed of accordingly. (GOVIND MATHUR), J. Jgoyal '