The court upheld the High Court's acquittal of murder charges and affirmed the conviction under lesser charges, emphasizing the sufficiency of time served by the accused.

ORDER :

1. Being aggrieved by the judgment dated 01.07.2009 passed by the High Court of Madhya Pradesh, Gwalior Bench in Criminal Appeal No. 216 of 1998, the State of Madhya Pradesh has preferred this appeal.

2. Initially, there were eight accused and the Trial Court by its judgment and sentence passed in Sessions Trial No. 55/1991 convicted the respondents/accused under Sections 302/34 and 323/34 of the Indian Penal Code, 1860 (IPC) sentencing them to undergo life imprisonment. The respondents/accused preferred the Criminal Appeal No. 216 of 1998.

3. However, the High Court on re-appreciation of the evidence on record acquitted the respondents/accused of the offences alleged against them under Section 302 and convicted the accused of the offences under Sections 323/34 of the IPC. The High Court also noted that the respondents/accused by that point of time had undergone one year eleven months nineteen days; two years eight months and two years nine months twenty four days respectively. Considering the maximum punishment under Section 323 of the IPC to be one year or fine, the High Court in exercise of its jurisdiction thought it fit to release these persons as the sentence they had undergone for the offence under Section 323/34 of the IPC was over and above of what has been prescribed under the said provision. Being aggrieved, the State has preferred this appeal.

4. We have heard learned counsel for the appellant/State and learned senior counsel for the respondents/accused and we have perused the material on record.

5. On perusal of the record including the impugned judgment as well as the judgment of the Trial Court, we find that the High Court was justified in acquitting the respondents/accused under Section 302/34 of the IPC and convicting them under Section 323/34 of the IPC and having regard to length of incarceration undergone by the respondents/accused rightly directed that they be released. We do not find any merit in this appeal. Hence, the same is dismissed.

6. Pending applications, is any, shall stand disposed of.