POORAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellant Pooran Singh under Section 374 of CrPC, being aggrieved by judgment dated 10/09/2005 passed by learned Sessions Judge, Shivpuri (MP) in Sessions Trial No.133/2005, whereby appellant has been convicted for the offence punishable under Section 307 of IPC and sentenced to suffer three years RI with a fine of Rs.3,000/- and he has further been convicted for the offence punishable under Section 323/34 of IPC and sentenced to pay a fine of Rs. 800/- 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 his conviction for the offences punishable under Sections 307 and 323/34 of IPC and only prayer is made with respect to awarding the sentence. It is further submitted that the appellant is first offender and he is having no criminal antecedent. He remained in custody during trial for about 45 days and after passing of the impugned judgment, for about 12 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.