MASTER PRASAD Vs STATE OF RAJASTHAN
Bench: HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Case number: Crl.A. No.-000050-000052 / 2011
Diary number: 31942 / 2010
Advocates: Vs
MILIND KUMAR
Crl.A. Nos. of 2011 @ SLP(Crl) 9303-9305 of 2010 1
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOs. 50-52 OF 2011 (ARISING OUT OF
SPECIAL LEVE PETITION (CRL.) NOS. 9303-9305 OF 2010)
MASTER PRASAD & ANR. .... APPELLANTS
VERSUS
STATE OF RAJASTHAN ..... RESPONDENT
O R D E R
Delay condoned.
Leave granted.
The appellants herein were convicted by the
Additional Sessions Judge, Ramganjmandi, District Kota
under Section 395 of the Indian Penal Code and sentenced
to undergo rigorous imprisonment for a period of ten
years and a fine of Rs.1,000/- and in default to undergo
further rigorous imprisonment for a period of one month.
It is the conceded position that as of today the
appellants have undergone imprisonment for more than 5½
years.
Appellant herein, Master Prasad, preferred S.B.
Criminal Appeal No. 1196 of 2008 through a private
counsel and S.B. Criminal Jail Appeal No. 0223 of 2008
from jail whereas the other appellant Kannu Bhaijala
Crl.A. Nos. of 2011 @ SLP(Crl) 9303-9305 of 2010 2
preferred S.B. Criminal Jail Appeal No. 775 of 2008
before the High Court and the High Court vide its common
judgment dated 29th July, 2009, while confirming the
conviction reduced the sentence of ten years to seven
years rigorous imprisonment. The present appeals by
way of special leave have been filed impugning the
judgments of the courts below.
We have heard learned counsel for the parties. In
the light of the facts that have been brought to our
notice and some of the High Court's observations, we
feel that the ends of justice would be met if the
sentence of the appellants is reduced from 7 years to
that already undergone.
With this modification in the sentence, the
appeals are dismissed.
The appellants be released forth with if not
wanted in any other case.
.........................J [HARJIT SINGH BEDI]
.........................J [CHANDRAMAULI KR. PRASAD]
NEW DELHI JANUARY 05, 2011.
Crl.A. Nos. of 2011 @ SLP(Crl) 9303-9305 of 2010 3