SURESH AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellants under Section 374 of CrPC, being aggrieved by judgment dated 01/04/2005, passed by learned Sessions Judge, Shivpuri (MP) in Sessions Trial No.115/2003, whereby appellant No.1 Suresh has been convicted for the offence punishable under Section 329/34 of IPC and sentenced to suffer six months RI with a fine of Rs. 500/- and he has further been convicted for the offence punishable under Section 324 of IPC and sentenced to pay fine of Rs.2,000/- and appellant No.2 Bhura has been convicted for the offence punishable under Section 329/34 of IPC and sentenced to suffer six months RI with a fine of Rs. 500/- and he has further been convicted for the offence punishable under Section 325 of IPC and sentenced to suffer six months RI with a fine of Rs. 2,000/- with default stipulations.

(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 offences punishable under Sections 329/34, 324 and 325 of IPC and only prayer is made with respect to awarding the sentence. It is further submitted that the appellants are first offenders and are having no criminal antecedents. The appellants remained in custody during trial for about 21 days and after passing of the impugned judgment for about 13 days, total 34 days. 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.