STATE OF MADHYA PRADESH Vs. DHARMADAS

JUDGEMENT

(1.) PRESENT appeal has been preferred by the State seeking enhancement of sentence awarded vide judgment dated 31/3/2004 recorded in Sessions Trial No. 27/02 by the First Additional Sessions Judge, Ashoknagar, district Guna (M.P.). (2) By the aforesaid judgment, respondents No.1 and

(2.) NAMELY , Dharmadas and Rajesh have been convicted for commission of offence under Section 325 of I.P.C. whereas respondent No.3 -Gyani has been held guilty of offence under section 324 of I.P.C. So far as sentences for these offences are concerned, respondent No.1 - Dharmadas has been sentenced to the period already undergone, i.e., from 31/8/2001 till 25/10/2001, respondent No.2 -Rajesh has been sentenced to the period of undergone i.e. from 5/11/2001 till 13/1/2002 and respondent No.3 -Gyani has been sentenced to the period of undergone, i.e. from 9/11/2001 till 24/1/2002 with fine of Rs. 500/ -, each with default punishment.

(3.) SHRI Prakhar Dhengula, learned Panel Lawyer for the State made a limited prayer only on the quantum of sentence and submitted that looking to the facts and gravity of the offence, the sentences awarded to the accused/respondents are not just and proper and therefore considering the evidence on record, the respondents may be punished with appropriate sentence.