STATE OF MADHYA PRADESH Vs. NANDU @ NANDUA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 219 of 1995 by which the High Court has partly allowed the said appeal preferred by the respondent - accused - Nandu @ Nandua and has reduced the sentence from life imprisonment to the sentence already undertone while maintaining his conviction for the offences under Ss. 147, 148, 323 and 302/34 of the Indian Penal Code (IPC), the State has preferred the present appeal.

(2.) We have heard Ms. Ankita Chaudhary, learned Deputy Advocate General appearing on behalf of the appellant - State.

(3.) At the outset, it is required to be noted that the learned Trial Court convicted the respondent - accused alongwith other accused for the offence punishable under Ss. 147, 148, 323 and 302/34 of the IPC and sentenced him to undergo life imprisonment. However, by the impugned judgment and order, though the High Court has maintained the conviction of the accused for the offence under Ss. 147, 148, 323 and 302/34 of the IPC by giving benefit of right to private defence, the High Court has thereafter interfered with the sentence and reduced the same to the already undergone by him. At this stage, it is required to be noted that by the time, the High Court passed the impugned judgment and order reducing the sentence, the period of sentence undergone by the respondent - accused was approximately seven years and ten months.