SONU PRAJAPATI Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of both the parties, the matter is finally heard at the motion stage.

(2.) THE appellant has filed this appeal under Section 374 Cr. P.C. against the judgment dated 20.9.2010 passed by the Court of III Additional Judge to the Court of I Additional Sessions Judge Gwalior in Sessions Trial No. 181 of 2009 convicting the accused/appellant under section 307 of IPC and 4/5 of Indian Explosives Act and sentencing him to undergo rigorous imprisonment for Seven years with fine of Rs. 2000/ - and One year's with fine of Rs. 500/ - with default stipulation mentioned in the impugned judgment.

(3.) THE learned counsel for the appellant submits that he does not want to challenge the findings recorded by the trial court for conviction of the accused under Section 307 of IPC and Section 4/5 of Indian Explosives Act, however, he urges for sentencing the accused for a period already having been served to him. The counsel further points out that the accused has been in jail ever since conviction passed on 20.9.2010. Moreover, during trial, he had been under custody for a period of six months 23 days. Thus, the accused has spent a period more than four years in prison.