PUSPA BAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellant Puspa Bai under Section 374 of CrPC, being aggrieved by judgment dated 20/06/2008 passed by learned Additional Sessions Judge, Ganj Basoda, District Vidisha (MP) in Sessions Trial No.153/2005, whereby she has been convicted for the offence punishable under Section 182 of IPC and sentenced to pay fine of Rs. 1,000/- and she has further been convicted under Section 211 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 Sections 182 and 211 of IPC and only prayer is made with respect to awarding sentence. It is further submitted by learned counsel for the appellant that fine amount has already been deposited by the appellant in the trial Court. Appellant is first offender and she is having no criminal antecedent. She is facing trial since 2005. Hence, the sentence awarded by learned trial Court deserves to be set aside.

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