MONU @ MOHAN SWAROOP Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal appeal assails the judgment dated 13/5/2008 in S.T. No. 251/01 passed by the Additional Sessions Judge, Lahar, District Bhind (M.P.) whereby the present appellant has been convicted u/S 302 of I.P.C . and sentenced to suffer life imprisonment with a fine of Rs.25,000/-with default stipulation.

(2.) IA No.2759/15, tenth repeat application for suspension of jail sentence moved on behalf of sole appellant after rejection of his earlier one on merit, is taken up and considered along with reply filed by the State.

(3.) The State has disclosed in it's reply and other documents that the appellant has criminal antecedents comprising of 6 other offences and though in all except one the appellant has since been acquitted, it is informed by the State that the appellant has been convicted by the judgment dated 24/11/2007 in S.No.82/205 passed by the Additional Sessions Judge, Lahar, District Bhind (M.P.) for offences u/Ss. 323 and 452 of I.P.C . for 6 months and 1 year's R.I., respectively R.I. In response, counsel for the appellant submits that the appeal against the same judgment of conviction and sentence is pending in which the impugned sentence has been suspended.