MANOJ Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellant Manoj under Section 374(2) of CrPC, being aggrieved by judgment dated 05 th July, 2005 passed by learned Sessions Judge, Datia (MP) in Sessions Trial No.12/2005, whereby appellant has been convicted for the offence punishable under Section 326 of IPC and sentenced to suffer one year rigorous imprisonment with a fine of Rs.2,000/- and he has further been convicted for the offence punishable under Section 25(1-b)(a) read with Section 27 of the Arms Act and sentenced to suffer one year rigorous imprisonment, however, both the sentences are to run concurrently.

(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 his conviction for the offences punishable under Section 326 of IPC and Section 25(1-b)(a) read with Section 27 of the Arms Act and only prayer is made with respect to awarding the sentence. It is further submitted that the appellant is first offender and is having no criminal antecedent. He remained in custody during trial for about one month and after passing of the impugned judgment for about 15 days. Hence, period of sentence awarded by learned trial Court be reduced to the period already undergone by him 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.