AJIT ALIAS BHURIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition, under Section 482 of the Criminal Procedure Code, has been filed against the order dated 20-6-2002 passed by II ASJ, Ratlam, in Criminal Revision No. 83/2002, arising out of Criminal Case No. 235/94 order passed on 22-5-2002 by the learned Judicial Magistrate, First Class, Sailana.

(2.) THE contention of the learned Counsel for the applicant is that applicant Ajit @ Bhuriya was convicted for the offence punishable under Sections 302, 365/34 and 120-B, IPC in Sessions Trial No. 86 of 90 by the judgment dated 29-11-1994. Against this judgment, the applicant filed Criminal Appeal No. 831/94. This criminal appeal, has been decided by this Court vide judgment dated 4-4-2002. The appellant/applicant has been acquitted from the charges of offences under Section 302/34, IPC read with Section 120-B, IPC and the sentence of life imprisonment has been set aside and sentenced to undergo RI for 7 years for the offence punishable under Section 365, IPC.

(3.) DURING the pendency of the aforesaid Criminal Appeal No. 831/94, the applicant was convicted by the learned Judicial Magistrate, First Class, Sailana in Criminal Case No. 235/94 judgment dated 23-9-1995 for the offence under Section 323, IPC and sentenced to RI for six months and fine of Rs. 200/-; under Section 506, IPC sentence to RI for 9 months and fine of Rs. 200/- and under Section 294, IPC, RI for one month and fine of Rs. 100/ -. The sentences were ordered to run concurrently.