STATE OF MADHYA PRADESH Vs. IMRAT

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court, Gwalior Bench partially allowing the appeal filed by the respondents. The Additional Sessions Judge, Pichhore, District Shivpuri found the respondents guilty of having committed offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the "IPC") and sentenced each to undergo seven years' RI with fine of Rs. 1,000/-.

(3.) The High Court by the impugned judgment held that the proper conviction would be under Section 326 read with Section 34, IPC and the sentences were to be reduced to the period already undergone.