-1- CRIMINAL APPEAL NO.711/2002 14.12.2011: Shri Rajesh Chouhan, counsel for the appellant. Shri R.S. Bais, G.A for the respondent/State. They are heard. Judgment dictated in open Court in presence of the counsel for the parties. J U D G M E N T This appeal is directed against the judgment dated 01.07.2002 passed by A.S.J, Khachrod, district Ujjain in S.T.No.180/2001. By the impugned judgment, learned trial Judge convicted the appellants under section 460 of the IPC and sentenced them to undergo 2 years RI and to pay a fine of Rs.250/- each with default stipulation. During the pendency of this appeal, appellant No.1 Kalu expired, therefore, his name was struck off. The prosecution case in nutshell was that on 8.6.1999 Kalu and Kanchanbai committed house trespass in night and caused grievous hurt to their neighbor Janibai and her sons Prahlad and Raju. The incident was reported in the police station Khachrod vide FIR Ex.P/1 and a case was registered. After investigation, -2- charge sheet was filed. At trial, accused denied the charges and submitted that they were falsely implicated. On consideration of the prosecution evidence, trial Court found accused persons guilty of offence punishable under section 460 IPC, therefore, sentenced them to undergo 2 years RI and to pay a fine of Rs.250/- each. Against the said judgment, the present appeal has been preferred. During the pendency of the appeal, Kalu died, therefore, his name was struck off as is stated herein above. Appeal survives qua Kanchanbai The only contention urged by counsel is on the sentence. From the evidence available on record, it is clear that she committed house trespass but no other act is attributed to her. Considering the overall facts and circumstances of the case, we hereby reduce the jail sentence of the appellant to a period already undergone. The appellant is on bail. On payment of fine, if not already done, her bails bonds shall stand discharged. The appeal is allowed to the extent indicated herein above. (S.K.SETH) JUDGE Hk/