UMA BAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellant Uma Bai under Section 374(2) of CrPC, being aggrieved by judgment dated 28/02/2005 passed by learned Second Additional Sessions Judge, Shivpuri (MP) in Sessions Trial No.244/2004, whereby she has been convicted for the offence punishable under Section 211 of IPC and sentenced to undergo rigorous imprisonment for one year.

(2.) During the course of arguments, it is submitted by learned counsel for the appellant that the appellant is not challenging the finding of trial court with respect to her conviction for the offence punishable under Section 211 of IPC and only prayer is made with respect to awarding sentence. It is further submitted that the appellant is first offender and is having no criminal antecedent and she remained in custody for more than one month during trial. She was on bail and her sentence has already been suspended by this Court vide order dated 28/03/2005. Hence, period of sentence awarded by learned trial Court be reduced to the period already undergone by her 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.