ANAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant accused has directed this appeal challenging the sustainability of judgment dated 5.3.1997 passed by the 1st Additional Sessions Judge, Chhindwara in Sessions Trial No. 02/1996, whereby he has been convicted under Section 363 and 366 of IPC, RI for three years in the first count and RI for five years in the second count with a direction to run the sentences concurrently. The appellant's counsel without challenging any finding of the impugned judgment holding the above mentioned conviction of the appellant has made his limited submissions that considering the long pendency of the case and during such period he has suffered the mental agony of the case and besides this also suffered the jail in judicial custody between 7.11.1995 to 15.11.1995 (nine days) during trial and from the date of passing the impugned judgment by the Trial Court on 5.3.1997 till passing the order for suspension of his remaining jail sentence by this Court on 14.3.1997, i.e. ten days. Thus, by adopting the lenient view his awarded jail sentence be reduced up to the aforesaid period for which he has already undergone under the discretion of the Court. Therefore, the entire factual matrix of the case are not being mentioned in this order. On arising the occasion the same could be taken into consideration from the impugned judgment, in which the same were elaborately stated by the Court below.

(2.) ON the other hand State counsel by justifying the impugned judgment has seriously opposed the aforesaid prayer of the appellant's counsel and prayed for dismissal of this appeal.

(3.) LOOKING to the nature of the offence and the manner in which it was committed by the appellant, I do not find fit to extend the benefit of the provision of Probation of the Offenders Act to him.