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Supreme Court of India

MASTER PRASAD vs STATE OF RAJASTHAN on 5 January, 2011

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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 RAJASTHANRESPONDENT
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 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.