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Judgment
Heard.
The applicants have filed this petition under Section 482 of Cr.P.C. for modification/correction in the judgment dated 08/05/2020 passed in Cr.A.
No.8867/2018 by this Court.
The facts giving rise to this petition, in short, are that this Court after hearing both the parties in Criminal Appeal No.8867/2018 passed final judgment
dated 8/5/2020 whereby affirmed the conviction of each appellant passed by Special Sessions Judge, Shahdol on 31/10/2018 in Sessions Trial
No.209/2007 and modified the sentence of imprisonment from five years to three years RI, however, not interfered the sentence of fine.
Learned counsel for the applicants submits that this Court in para-32 of the judgment was inclined to convert five years imprisonment into two years
imprisonment but in operative para-33 of the judgment, this Court modified the judgment by reducing from five years to three years and this is the
typographical error, therefore, prays to correct that mistake by mentioning two years in place of three years in para-33 of the judgment.
Learned Govt. Advocate submits that para-33 of the judgment is an operative part of the judgment and it cannot be corrected by invoking the
provisions of Section 482 of Cr.P.C. Typographical mistake can be corrected by placing three years in para-32 of the judgment.
Having heard learned counsel for the parties, perused the record of Criminal Appeal No.8867/2018 and judgment dated 08/05/2020.
No doubt, para-33 of the judgment is an operative part of the judgment. In that part it has been clearly mentioned that sentence imposed by the trial
Court for the offence punishable under Section 489C of IPC i.e. five years RI is reduced to three years RI and in para-32 this Court clearly mentioned
that Court was inclined to reduce jail sentence of the appellants from five years to two years. In these circumstances, this Court finds that para-33 is
an operative part of the judgment. As per Section 362 of Cr.P.C., this Court is not authorised to alter the punishment, but, this Court can correct the
mistake committed in para-32 of the judgment.
Thus, in last sentence of para-32 of the judgment dated 08/05/2020 passed in Cr.A. No.8867/2018 which reads as under-
Considering this fact, this Court inclines to reduce the jail sentence of appellantsw from five years to two years for each appellant
be read as -
Considering this fact, this Court inclines to reduce the jail sentence of appellants from five years to three years to each appellant.
Thus, this Court corrects the typographical mistake committed during typing in para-32.
This order shall be read as a part of order 08/05/2020 passed in Cr.A. No.8867/2018 by this Court.
Office is directed to place a copy of this order passed today by this Court in the record of Cr.A. No.8867/2018 and proceed accordingly.
With the above modification, this petition is disposed of.
Certified copy as per rules.