JUDGMENT :

HRISHIKESH ROY, J.

1. Leave granted.

2. Heard Mr. Lav Kumar Agrawal, the learned counsel appearing for the appellant. Also heard Mr. Gopal Jha, the learned counsel appearing for the respondent-State of Madhya Pradesh.

3. The challenge in this appeal is to the judgment dated 12.03.2019 in the Criminal Appeal No. 1261 of 2006 whereunder the appellant’s conviction by the trial Court under Section 411 of the Indian Penal Code, 1860 (for short “IPC”) was sustained by the High Court. For such conviction, the appellant was sentenced to rigorous imprisonment (for short “R.I.”) for 2 years and fine of Rs. 1,000 and in default of fine payment, additional R.I. for 3 months was ordered.

4. In this appeal, limited notice was initially issued on 4.10.2019 only on the quantum of sentence but on 9.5.2022, after considering the submission of the learned counsel for the appellant, the Court decided to examine the challenge to the conviction itself. Earlier, the appellant was exempted from surrendering by the Court’s order dated 6.9.2019.

5. In the common judgment, the High Court had disposed of three appeals including the appeal filed by one Sadhu Singh alias Vijaybhan Singh Patel who was convi