The State Of Maharashtra vs Sachin Santosh Misal And Ors
2022 Latest Caselaw 7031 Bom

CAJ                                                               30-Apeal-1052-2021.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                            CRIMINAL APPEAL NO. 1052 OF 2021
The State Of Maharashtra                                      ... Appellant

      V/s.
Sachin Santosh Misal And Ors.                                 ... Respondents

Mr. H. J. Dedhia APP, for Appellant-State.

                                          CORAM : A.S. GADKARI AND
                                                  RAJESH S. PATIL, JJ.

                                          DATE    : 21st JULY 2022.
P.C. :

1. A bare perusal of impugned Judgment and Order and in

particular operative part of Order thereof clearly indicates that, the learned

Judge of the Trial Court has committed serious legal error in awarding

sentence of a prescribed jail term to the Respondents than the minimum

sentence provided under Section 302 of The Indian Penal Code (for short,

"I.P.C.").

2. By the impugned Judgment and Order, the Trial Court has

convicted Respondents for the offence punishable under Section 302 read

with 120B of I.P.C.. Section 302 of I.P.C. prescribes punishment with death or

imprisonment for life and also with fine. Despite the said clear legal mandate,

CAJ 30-Apeal-1052-2021.odt

the learned Judge of the Trial Court has sentenced Respondents for rigorous

imprisonment for 10 years or 5 years, which is not permissible under law.

Hence, Admit.

3. Registry is directed to issue notices to Respondents, returnable on

30th August 2022.

[RAJESH S. PATIL, J.]                                           [A.S. GADKARI, J.]