Ramkusan Sadashiv Uikey (In Jail) vs State Of Maharashtra, Thr. P.S.O. ...
2016 Latest Caselaw 4083 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                               NAGPUR BENCH : NAGPUR




                                                   
                           CRIMINAL APPEAL NO.275/2016
                                        ...


    Ramkusan Sadashiv Ukey,




                                                  
    Aged 44 years, Occ- Labour,
    R/o Tekepar (Madgi), Tah & Dist.
    Bhandara, Presently Central Prison,
    Nagpur.                                       ..             APPELLANT




                                               
                              ig   .. Versus ..


    State of Maharashtra,
    through P.S.O. Police Station,
                            
    Adayl, District Bhandara.                     ..            RESPONDENT



    Mr. Mir Nagman Ali, Advocate (Appointed) for Appellant.
      


    Mr. M.J. Khan, Additional Public Prosecutor for Respondent.
   



                                   ....


                  CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : July 22, 2016.

ORAL JUDGMENT (per V.M. Deshpande, J. )

1. By the present appeal, the appellant is questioning his

conviction and imposition of sentence by the learned Additional

Sessions Judge, Bhandara, dated 7.1.2013 in Sessions Trial No.

26/2011, by which the present appellant was convicted for the

offence punishable under Section 302 read with Section 34 of the

Indian Penal Code and directed to suffer imprisonment for life and

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to pay a fine of Rs.5000/- and in default to suffer rigorous

imprisonment for six months.

2. It is to be noted that by the impugned judgment the wife

of the appellant was also convicted. She preferred an appeal

before this Court and the said appeal was registered as Criminal

Appeal No. 49 of 2014. This Court on 1.7.2016 has partly allowed

the said appeal and sentenced the wife for the offence punishable

under Section 304 Part II of the Indian Penal Code instead of

convicting her for the offence punishable under Section 302 of the

Indian Penal Code.

3. We have heard Shri Mir Nagman Ali, learned counsel

appointed to represent the present appellant and the learned

Additional Public Prosecutor for the State.

4. After having gone through the record and proceedings, it

is clear that the evidence as brought on record by the prosecution

is identical to that of Panchfula, the wife of the present appellant.

5. In that view of the matter, for the reasons stated in

Criminal Appeal No. 49 of 2014, the present appeal is partly

allowed. The conviction of the appellant for the offence punishable

under Section 302 of the Indian Penal Code is set aside and instead

the appellant is convicted for the offence punishable under Section

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304 Part II of the Indian Penal Code and the appellant is directed to

suffer rigorous imprisonment for 5 years. Rest of the order

including the order in relation to fine amount is maintained.

6. The fee of the learned counsel appointed for the

appellant is quantified at Rs.5000/-.

(V.M. Deshpande, J. )ig (B.R. Gavai, J.) ...

halwai/p.s.

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                                         Certificate




                                                       

I certify that this judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : R.G. Halwai, Uploaded on : 26.07.2016 Private Secretary