ASHOK KUMAR GOENKA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant (since deceased) has preferred this appeal against judgment and order dtd. 31/10/2014 delivered by the Chief Judicial Magistrate, Satna in Criminal Case No. 3789/2007; whereby the appellant and his brother Anand Goenka have been convicted under Ss. 465, 467, 468, 471 r/w 120-B of I.P.C and sentenced to undergo R.I. for 7-7 years with fine of Rs.50.00 50,000/- for the offences under Sec. 467 r/w S. 120B and 471 r/w S. 120B IPC respectively with default stipulation. Since punishment was awarded for greater offences, no separate punishment was imposed for rest of the offences charged against them.

(2.) Being aggrieved, the appellant preferred an appeal before the ld. Additional Sessions Judge, Satna, who vide order dtd. 1/11/2014 passed in Criminal Appeal No.365/2014 dismissed the same being not maintainable in view of the fact that the sentences were directed to run consecutively and, therefore, as per Sec. 31 CrPC total sentence imposed becomes a sentence of 14 years and in such a situation, as per Sec. 374(2) CrPC appeal lies before the High Court; however, the ld. ASJ granted liberty to file an appeal before the High Court. Hence, this appeal.

(3.) The prosecution story in substance may be narrated thus :