SUSHMA AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellants under Section 374 of Cr.P.C., being aggrieved by judgment dated 05/06/2008 passed by learned First Additional Sessions Judge to the Court of First Additional Sessions Judge, Bhind (MP) in Special Case No.166/2004, whereby they have been convicted for the offences punishable under Section 304 (Part II) read with Section 34 of IPC and sentenced to suffer three years RI with fine of Rs.1,000/- each, with default stipulation.

(2.) During the course of arguments, it is submitted by learned counsel for the appellants that the appellants are not challenging the finding of learned trial court with respect to their conviction for the offence punishable under Section 304 (Part-II) read with Section 34 of IPC and only prayer is made with respect to awarding the sentence. It is further submitted that appellant No.1 Sushma is an widow lady and at present, appellant No.2 Ugra Singh is more than 50 years of age. They are first offenders and there is no criminal antecedents alleged against them. During trial, appellant no.1 Sushma remained in custody from 13/07/2004 to 16/10/2004 while appellant no.2 Ugra Singh remained in custody from 19/08/2004 to 13/10/2004. Hence, period of sentence awarded by learned trial Court be reduced to the period already undergone by them in custody.

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