PRAMOD Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.01.1999 passed by Ist Additional Sessions Judge, Shajapur in Sessions Trial No.127/94. By the impugned judgment, the learned trial Judge found the appellants guilty of the offence punishable under section 411 IPC and sentenced them to undergo RI for 2 years and to pay a fine of Rs.2000/- with default stipulation.

(2.) The prosecution case in nutshell is that on 13.03.1994 the complainant was looted. At the instance of the appellants a Maruti van and certain articles were recovered from an open place. Appellant denied the charges, therefore, he was put to trial. Learned trial Judge after considering the prosecution evidence found the appellants guilty and sentenced them as aforesaid.

(3.) Learned counsel for the appellants does not challenge the conviction of the appellants. The only prayer made in this appeal is with regard to quantum of sentence awarded to the appellants. So far as conviction of the appellants is concerned, it is based on proper appreciation of evidence. Considering the overall facts and circumstances of the case and the fact that no useful purpose would be served by sending the appellants to jail at this juncture, the appeal is allowed in part. While the conviction of the appellants is maintained, their jail sentence is reduced to the period already undergone keeping the sentence of fine unaltered. The appellants are on bail. On deposit of fine amount, if not already done, their bail bonds shall stand discharged.