Najab Khan And Ors. v. State Of M.P

Anil Sharma, J.:—This appeal has been filed against the judgment dated 08/02/2006 passed in S.T No. 311/2001 convicting the appellants-accused for the offence punishable under Section 326/34 of IPC with R.I for 3 years and fine of Rs. 500/- each with default stipulation. Fine is stated to have already been deposited by the appellants.

Learned counsel for the appellants has submitted that he is challenging only the sentence awarded by the trial Court which is excessive.

Appellants were in custody for a period of 14 days during trial. Further, it has been given in para 27 of the judgment that the offence has been compounded by the complainant but since the offence is not compoundable, therefore, the appellants have been convicted by the learned trial Court. The appeal is pending since 2006. Considering the nature of offence and period which has already undergone by them is sufficient to meet the ends of justice. Therefore, appeal is partly allowed maintaining the conviction of the appellants, their sentence is reduced to the period already undergone by them. The appellants are on bail. Their bail bonds stand discharged.

With the aforesaid modification, this appeal stands disposed of.