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Madhya Pradesh High Court · body

2013 DIGILAW 429 (MP)

Devendra Singh v. State of M. P

2013-04-01

ANIL SHARMA

body2013
JUDGMENT : Learned counsel for the appellants submitted that he is challenging the sentence of appellants in the light of compromise, hence matter is heard finally. 2. Appellants have been convicted for the offence punishable under Sections 498-A, 342 and 326/34 of IPC and sentenced to undergo 1 year's RI with fine of Rs.500/-, 6 months' RI with fine of Rs.500/- and 5 years' RI with fine of Rs.500/- each respectively with default stipulation. 3. Appellant No.1 - Devendra Singh has remained in custody from 12-10-2009 to 02-03-2010 during trial and appellant No.2 -Sanman Singh has remained in custody from 12-10-2009 to 15-10-2009 during trial. 4. From the date of passing the impugned judgment of conviction and sentence by learned trial Court, the appellants are in jail. Learned counsel for the appellants submitted that appellant No.3, 4 and 5 were admitted to anticipatory bail during trial of the matter. 5. Learned counsel for the appellants placed reliance on the decision of Apex Court in the matter of Surendra Nath Mohanty and another Vs. State of Orissa, AIR 1999 SC 2181 in which on the basis of compromise the sentence of 10 years awarded for commission of offence under Section 326 of IPC has been reduced to already undergone which was three months. 6. Considering the fact that the complainant has compounded the offence and further considering the fact that the appellants are first offenders, they are not having any criminal antecedents, the appeal is partly allowed, maintaining the conviction of appellants. The sentenced awarded to the appellants is reduced to already undergone by them. Appellants are in jail they be released forthwith.