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State of Rajasthan Vs. Shanker Lal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberD.B. Cr. Appeal No. 260 of 1977
Judge
Reported in1988WLN(UC)94
AppellantState of Rajasthan
RespondentShanker Lal
DispositionAppeal dismissed
Excerpt:
motor vehicles act, 1939 - section 118a and penal code--sections 279 and 337--sentence--enhancement of--offence committed in 1972--sentenced to fine of rs. 20/- in 1977--held, court is not inclined to enhance sentence.;appeal dismissed - .....in appeal for the enhancement of the sentence.2. we have heard the learned public prosecutor. the accused-respondent, despite service of notice, did not put appearance.3. the offence was committed long back on april 30, 1972 and the case was decided by the learned magistrate on april 7, 1977. the appeal is being heard and disposed of in october, 1987. looking to the long lapse of ten years, we are not inclined to enhance the sentence.4. the appeal is, therefore, dismissed.
Judgment:

S.S. Byas, J.

1. Accused Shanker Lal was convicted under Sections 279 and 337, IPC and Section 118A of the Motor Vehicles Act, 1939 and was sentenced to a fine of Rs. 20/-, in default of payment of fine to undergo seven days' simple imprisonment on each count by the learned Judicial Magistrate, Bhilwara by his judgment dated April 7, 1977. The State has come-up in appeal for the enhancement of the sentence.

2. We have heard the learned Public Prosecutor. The accused-respondent, despite service of notice, did not put appearance.

3. The offence was committed long back on April 30, 1972 and the case was decided by the learned Magistrate on April 7, 1977. The appeal is being heard and disposed of in October, 1987. Looking to the long lapse of ten years, we are not inclined to enhance the sentence.

4. The appeal is, therefore, dismissed.


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