1 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRIMINAL APPEAL NO. 489 of 2008 Smt. Bitoli Bai Vrs State of Madhya Pradesh Present:-Hon'ble Shri Justice Anil Sharma ---------------------------------------------------------------------------------- Appellants by Shri Arvind Dwivedi, Advocate. Respondent/State by Shri R. K. Shrivastava, Panel Lawyer. ----------------------------------------------------------------------------------- J U D G M E N T (Delivered on this 13th Day of December, 2011) This appeal has been preferred by appellant Smt. Bitoli Bai under Section 374 of CrPC, being aggrieved by judgment dated 24/06/2008, passed by learned Fourth Additional Sessions Judge, Gwalior (MP) in Sessions Trial No.103/2005, whereby the appellant has been convicted for the offence punishable under Section 498-A of IPC and sentenced to suffer one year rigorous imprisonment with a fine of Rs.1,000/- with default stipulation. 2. During the course of arguments, it is submitted by learned counsel for the appellant that the appellant is not challenging the finding of learned trial court with respect to her conviction for the offence punishable under Section 498-A of IPC and only prayer is made with respect to awarding the sentence. It is further submitted that appellant is an old lady and there is no criminal past attributed against her. She remained in custody during trial from 14/02/2007 to 26/04/2007, i.e. near about 72 days. Hence, period of sentence awarded by learned trial Court be reduced to the period already undergone by her in custody. 3. Learned Panel Lawyer for the respondent/State has 2 formally opposed the prayer of the appellant and prayed for dismissal of this appeal. 4. Since learned counsel for the appellant is not challenging the finding of conviction, therefore, discussion of evidence is not necessary. Only one point is to be decided is awarding of sentence. 5. Considering the nature of offence and also considering the fact that incident took place in the year 2004 and this appeal is pending since 2008 and the appellant is an old lady having 59 years of age and there is no previous criminal history alleged against her, therefore, the ends of justice would meet if the conviction of the appellant for the offence punishable under Section 498-A of IPC is maintained, reducing the period of sentence as already undergone by her in custody. The fine amount as awarded by learned trial Court shall remain as it is. Bail bond and surety bond of the appellant shall stand discharged. 6. Accordingly, this appeal is partly allowed and stands disposed of to the extent as indicated herein above. ( Anil Sharma ) Judge mkb/-