Dayaram vs State of Madhya Pradesh

Brij Kishore Dube, J.—Feeling aggrieved by the judgment of conviction and order of sentence dated 14/02/2013 passed by the Special Judge (MPDVPK Act), Dabra, District Gwalior in Special Sessions Trial No. 36/11, the appellant herein/accused has been convicted u/s 25(1-B)(a) of Arms Act and sentenced to suffer 03 years rigorous imprisonment with fine of Rs. 1,000/-, the appellant/accused preferred this appeal. The facts of the case have been detailed in the impugned judgment by the Trial Court and, therefore, this Court does not want to repeat the same overall again.

Learned counsel appearing on behalf of the appellant submits that the appellant does not want to challenge the finding of conviction recorded by the learned Trial Court. It is further submitted that the appellant is serving the sentence since 06/09/201 continuously and by now served about 02 years and has no previous criminal conduct and, therefore, the learned counsel prays for reduction of the jail sentence to the period already undergone by the appellant.

The learned Panel Lawyer supported the impugned judgment and prayed for dismissal of the appeal.

As before this Court, the finding of conviction recorded by the learned Trial Court u/s 25(1-B)(a) of the Arms Act against the appellant has not been challenged by the appellant, hence, the aforesaid finding is hereby affirmed.

With regard to the sentence awarded is concerned, the appellant has been sentenced by the learned Trial Court as stated hereinabove. No previous criminal conduct of the appellant has been proved by the prosecution. The appellant is under detention and serving the sentence since 06/09/2011 continuously. Under these circumstances, the ends of justice would be sub-served, if the jail sentence of the appellant is reduced to the period already undergone by him with fine of Rs. 1,000/-.

Consequently, this appeal is allowed partly. The conviction of the appellant passed by the learned Trial Court u/s 25(1-B)(a) of the Arms Act is hereby affirmed but the sentence is set aside and instead thereof, the appellant is sentenced to the period already undergone by him in jail with fine of Rs. 1,000/- and in default of payment of fine, he shall serve additional 03 months rigorous imprisonment. The appellant is in jail, therefore, he be set at liberty if not required in any other criminal case.

With the aforesaid modification, this appeal is disposed of finally. A copy of this order be sent to the learned Trial Court for necessary compliance.