Modalvalosa Laxmi Vs. State of A.P.
EmailAppeal: (Arising out of SLP (Crl.) No. 1304/2000)
Petitioner: Modalvalosa Laxmi
Respondent: State of A.P.
Apeal: (Arising out of SLP (Crl.) No. 1304/2000)
Judges: A.P.MISRA & N. SANTOSH HEGDE, JJ.
Date of Judgment: Aug 16, 2000
Head Note:
CRIMINAL LAWS
Indian Penal Code, 1860
Section 352 – Sentence – Victim dragged by tuff – Trial court sentencing to undergo RI for one month. Held that on facts, a fit case to release on sentence already undergone. Sentence modified.
(Paras 3, 4)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned Counsel for the parties.
3. The present appeal is only by accused no. 2, who is convicted under Section 352 IPC for using criminal force against the deceased by dragging her by catching hold of her tuff. Learned Judge convicted the accused for the said offence and sentenced her to undergo rigorous imprisonment for one month. Looking to the facts and circumstances of this case we find it to be a fit case to release the appellant on the basis of sentence already undergone.
4. Accordingly, we modify the sentence of the appellant to the sentence already undergone. With the aforesaid observation the present appeal is allowed.
1. Leave granted.
2. Heard learned Counsel for the parties.
3. The present appeal is only by accused no. 2, who is convicted under Section 352 IPC for using criminal force against the deceased by dragging her by catching hold of her tuff. Learned Judge convicted the accused for the said offence and sentenced her to undergo rigorous imprisonment for one month. Looking to the facts and circumstances of this case we find it to be a fit case to release the appellant on the basis of sentence already undergone.
4. Accordingly, we modify the sentence of the appellant to the sentence already undergone. With the aforesaid observation the present appeal is allowed.
