BITOLI BAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellant Smt. Bitoli Bai under Section 374 of CrPC, being aggrieved by judgment dated 24/06/2008, passed by learned Fourth Additional Sessions Judge, Gwalior (MP) in Sessions Trial No.103/2005, whereby the appellant has been convicted for the offence punishable under Section 498-A of IPC and sentenced to suffer one year rigorous imprisonment with a fine of Rs.1,000/- with default stipulation.

(2.) During the course of arguments, it is submitted by learned counsel for the appellant that the appellant is not challenging the finding of learned trial court with respect to her conviction for the offence punishable under Section 498-A of IPC and only prayer is made with respect to awarding the sentence. It is further submitted that appellant is an old lady and there is no criminal past attributed against her. She remained in custody during trial from 14/02/2007 to 26/04/2007, i.e. near about 72 days. Hence, period of sentence awarded by learned trial Court be reduced to the period already undergone by her in custody.

(3.) Learned Panel Lawyer for the respondent/State has formally opposed the prayer of the appellant and prayed for dismissal of this appeal.