SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal filed by two persons the challenge is against the conviction of the offence under Section 27 of the Madhya Pradesh vinirdishta Bhrashta Acharan Nivaran adhiniyam, 1982. They are sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 2,000. 00 each. Initially they were acquitted by the Trial Court and the acquittal was reversed in the appeal filed by the state of Madhya Pradesh before the High Court in challenge of the said order of acquittal.

(2.) We are unable to decide this appeal on merits as the parties have not supplied the copies of the evidence in this case. Learned Senior counsel thereupon contended that atleast leniency may be shown in the matter of sentence. Section 27 reads thus: punishment for illegal diversion and illegal colonization: Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with imprisonment which may extend to three years or with fine or both.

(3.) Considering the distance of time (the allegation is that the offence was committed in the year 1983) we are inclined to think that appellants can be saved from jail and the sentence can be altered to one of fine alone. We, therefore, alter the sentence to a fine of Rs. 10,000. 00 each. Appellants shall remit the fine in the Trial Court within six weeks from today failing which they shall undergo imprisonment for a period of three months each.