Yogesh Madhav Dabhade vs The State Of Maharashtra
2022 Latest Caselaw 9249 Bom

                                                     19-APEAL-540-2016.DOC




                              Satish Sangar



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
           by SATISH
SATISH
RAMCHANDRA
SANGAR
           RAMCHANDRA
           SANGAR
           Date:
                                           CRIMINAL APPELLATE JURISDICTION
           2022.09.15
           14:56:08
           +0530

                                           CRIMINAL APPEAL NO. 540 OF 2016

                              Yogesh Madhav Dabhade                            ... Appellant
                                    Versus
                              The State of Maharashtra                         ... Respondent

                              Mr. Aniket Nikam, Advocate for the Appellant.
                              Ms. P.P.Shinde, APP for the Respondent-State.

                                                       CORAM:        M.S. SONAK &
                                                                     N.R. BORKAR, JJ.
                                                       DATED :       14th September 2022


                              P.C.:


                              1.     For the reasons to be recorded separately, following
                              order is passed:

                                                            ORDER

(i) The Appeal is partly allowed.

(ii) The Appellant's conviction under Section 302 of the Indian Penal Code is set aside and substituted by conviction under Section 304 - Part I of the Indian Penal Code.

(iii) Accordingly, the sentence of life imprisonment is hereby quashed and substituted with the sentence

14th September 2022 19-APEAL-540-2016.DOC

of 10 years regorious imprisonment for conviction under Section 304 - Part I of the Indian Penal Code.

(iv) The sentence of fine is maintained.

(v) The impugned judgment and order is modified accordingly.

(N. R. BORKAR, J) (M. S. SONAK, J)

14th September 2022