KALLU 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 08/05/2008 passed by learned Special Judge (SC & ST Prevention of Atrocities Act) Guna (MP) in Special Sessions Trial No. 76/2005, whereby the appellants have been convicted for the offence punishable under Section 325/34 of IPC and sentenced to suffer two years rigorous imprisonment with fine of Rs. 5, 000/- 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 under Section 325/34 of IPC and only prayer is made with respect to awarding the sentence. It is further submitted that appellants are first offenders and there is no criminal antecedents alleged against them. The appellants remained in custody for one day during trial. Fine amount has already been deposited by the appellants in the trial Court. 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.