BHUTTE KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellant Shri Bhutte Khan under Section 374(2) of CrPC, being aggrieved by judgment dated 15/06/2005 passed by learned Sessions Judge, Guna (MP) in Sessions Trial No. 221/2004, whereby appellant has been convicted for the offence punishable under Section 354 of IPC and sentenced to suffer one and -half years simple imprisonment with a fine of Rs. 500/- and he has further been convicted for the offence punishable under Section 506-B of IPC and sentenced to suffer one year simple imprisonment with a fine of Rs. 500/- 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 354 and 506-B 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 four days and after passing of the impugned judgment for about 45 days, total near about one month and ten 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.