MADHU Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellant accused has directed this appeal challenging the sustainability of judgment dated 5.3.1997 passed by the Ist Additional Sessions Judge, Chhindwara in Sessions Trial No. 02/1996, whereby he has been convicted under Section 363 of IPC with a direction to undergo RI for three years.

(2.) 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. Thus, by adopting the lenient view their 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.

(3.) 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.