Danaro @ Janardan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 104 of 2008 Danaro @ Janardan S/o Chandrabhanu Yadav, R/o Lalpur, Pachpedi Naka, Raipur, Tah. & Distt.-Raipur, C.G.

---- Appellant

Versus

State Of Chhattisgarh Through: Distt. Magistrate Raipur, Distt.-Raipur, C.G.

---- Respondent For the Appellant :

Shri Keshav Dewangan, Advocate under instructions of Shri Rakesh Anthony, Advocate.

For the Respondent/ State :

Shri Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Judgment On Board 04/02/2016 1.

Heard on admission.

2.

Admit.

3.

This appeal is directed against judgment of conviction and order of sentence dated 17.10.2007 passed by the Third Additional Sessions Judge, Raipur, District Raipur in Sessions Trial No. 111 of 2005, whereby and whereunder, after holding the Appellant guilty under Sections 366 and 376 of the Indian Penal Code, sentenced him to undergo RI for 7 years, RI for 7 years and to pay fine of Rs.500/-, in default of payment of fine, to further undergo RI for one month, respectively.

4.

Learned counsel for the Appellant submits that the Appellant remained in jail since 17.12.2004 till the delivery of judgment by the trial Court on 17.10.2007 and thereafter also he remained in jail as his sentence was not suspended by this Court. The Appellant has served the entire sentence

awarded by the Court below and Learned Counsel for the Appellant, on instructions, is not pressing this appeal on merits. 5.

After perusal of the entire evidence and the material available on record, this Court is of view that the Court below has not committed any illegality and impropriety in passing the judgment of conviction and order of sentence. Even otherwise, the Appellant is not pressing the appeal on merits as the Appellant has already served the sentence awarded to him by the Court below.

6.

Consequently, the appeal is dismissed.

Sd/- Chandra Bhushan Bajpai Judge Nimmi