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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
State of Madhya Pradesh – Appellant
Versus
Rajaram – Respondent
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 un
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