B D RATHI, J. - (1.)PRESENT appeal has been preferred by the State seeking enhancement of sentence awarded vide judgment dated 31/3/2004 recorded in Sessions Trial No. 27/02 by the First Additional Sessions Judge, Ashoknagar, district Guna (M.P.). (2) By the aforesaid judgment, respondents No.1 and
(2.)NAMELY , Dharmadas and Rajesh have been convicted for commission of offence under Section 325 of I.P.C. whereas respondent No.3 -Gyani has been held guilty of offence under section 324 of I.P.C. So far as sentences for these offences are concerned, respondent No.1 - Dharmadas has been sentenced to the period already undergone, i.e., from 31/8/2001 till 25/10/2001, respondent No.2 -Rajesh has been sentenced to the period of undergone i.e. from 5/11/2001 till 13/1/2002 and respondent No.3 -Gyani has been sentenced to the period of undergone, i.e. from 9/11/2001 till 24/1/2002 with fine of Rs. 500/ -, each with default punishment.
(3.)SHRI Prakhar Dhengula, learned Panel Lawyer for the State made a limited prayer only on the quantum of sentence and submitted that looking to the facts and gravity of the offence, the sentences awarded to the accused/respondents are not just and proper and therefore considering the evidence on record, the respondents may be punished with appropriate sentence.
Having regard to the arguments put forth above, the impugned judgment and entire evidence on record have been perused.