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2020 Supreme(MP) 1198

VISHAL MISHRA
Munna – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant : Prabal Solanki
For the Respondents: Sanjay Bahirani, Learned Public Prosecutor

JUDGMENT :

Vishal Mishra, J.

1.This criminal appeal under Section 374 of Cr.P.C. assails the judgment of the trial Court dated 18.01.2005 passed by III Additional Sessions Judge, Fast Track district Guna (M.P.), in Sessions Trial No. 235/98, whereby appellant-Munna has been convicted under Sections 326 of the Indian Penal Code and sentenced to undergo RI for five years with fine of Rs. 500/- and remaining appellants have been convicted under Section 326/34 of the Indian Penal Code and sentenced to undergo RI for five years with fine of Rs. 500/- each, with default stipulation.

2. On earlier occasion, the criminal appeal was finally heard and decided by this Court vide judgment/order dated 06.11.2012 in Criminal Appeal No. 103/2005 in following terms:-

    "Looking to the nature of the offence and the period of sentence already undergone by the appellants and that this is first offence of the appellants, this appeal is allowed in part and the appellants are sentenced to the period already undergone by them but fine amount imposed upon the appellants is enhanced to Rs. 1000/- each in add

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