RAMGOPAL @ GOPAL @ RAJU Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dated 13/8/2013 passed by II Additional Sessions Judge, Katni in Cr.A. No.87/13 whereby the judgment dated 12.4.2013 passed by Judicial Magistrate First Class, Katni, in Criminal Case No.64/2005 convicting the petitioners under Sections 457 and 380 of the IPC and sentencing him to undergo R.I. for two years and to pay a fine of Rs.500/- on each offence, was modified to the extent that the respective custodial sentences were reduced to R.I. for 1 year.

(2.) Prosecution case, in brief, is that in the night intervening 13th and 14/12/04, petitioner committed theft of 496 Saris worth Rs.30,000/- after committing lurking house trespass into the shop of complainant Manbodh.

(3.) At the outset, learned counsel for the petitioner submitted that he does not want to challenge the conviction awarded to the petitioner. However, he prayed that the custodial sentence passed against the petitioner may be reduced to the period already undergone. According to him, the petitioner is in jail since 13/8/13.