STATE OF M.P. Vs. BABULAL

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order dated 14.12.2011 passed by the High Court of Madhya Pradesh, (Gwalior Bench) in Criminal Revision No. 74 of 2010, by way of which the conviction of the respondents has been maintained under Sections 148, 324, 326 and 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') as awarded by the learned trial court, however, the sentence has been reduced from 2 years to 3 months.

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) Ms. Bansuri Swaraj, learned counsel appearing on behalf of the appellant State, has submitted that if the criminal proceedings has protracted for 7-1/2 years that could not be a ground for reducing the sentence from two years to 3 months only by the High Court. Such a reduction of sentence is not justified, particularly, when the respondents did not argue their case on merit at all. In case, the High Court earlier had reduced the sentence in a similar manner that cannot be a precedent as other case is to be decided on its own merit. Therefore, in the facts and circumstances of the case, the sentence awarded by the learned trial court should be restored and the order of the High Court requires to be modified to that extent.