Akhtar vs State Of M.P.

(1) The applicant/accused has has preferred this petition under Section 482 read with section 362 of Cr.P.C. for modification in the judgment dated 31.07.1995 passed by Second Additional Sessions Judge, Indore in Session Trial No.248/1988.

(2). From perusal of the impugned judgment, it appears that applicant was prosecuted for the offence under Section 302 and 460 of I.P.C. The trial court acquitted the applicant for the offence punishable under Section 302 of I.P.C. however, he was convicted under Section 460( two counts) and sentenced to life imprisonment. It was also directed that both the sentence shall run consecutively. The applicant preferred appeal bearing number 608/1995 under Section 374 of Cr.P.C. before this Court against the aforesaid judgment and conviction which was dismissed vide judgment dated 25.11.2004 by affirming the conviction and sentenced awarded by the trial court, thereafter the applicant is serving his jail sentence and he has already completed 15 years 6 months and 9 days in jail.

(3). The applicant has preferred this petition for modification of the judgment dated 31.07.1995 passed by Second Additional Sessions Judge, Indore whereby the sentence awarded to the applicant for the offence under Section 460 (two counts) was directed to shall run consecutively. The subject matter of this petition was dealt by the Division Bench of this Court in Criminal Appeal No.608/1995, therefore office to verify the same and list the matter before appropriate Bench.