Baburao @ Baban S/O. Sarangdhar ... vs The State Of Maharashtra
2023 Latest Caselaw 2411 Bom

                                                              Cri.Appeal No.38/2019
                                        :: 1 ::


            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       CRIMINAL APPEAL NO.38 OF 2019


 Baburao @ Baban s/o Sarangdhar Khade                           ... APPELLANT
          VERSUS
 The State of Maharashtra                                       ... RESPONDENT
                                .......
 Mr. S.T. Mahajan, Advocate for appellant
 Ms. R.P. Gaur, A.P.P. for respondent
                                .......

                                 CORAM :          R.G. AVACHAT, J.

                                 DATE      :      13h MARCH, 2023
 OPERATIVE ORDER :

For the reasons recorded separately, following order

is passed:-

(i) The Criminal Appeal is partly allowed.

(ii) Conviction and sentence imposed against the appellant

by learned Sessions Judge, Latur vide judgment and

order dated 30/11/2018 in Sessions Case No.21/2017

for offence punishable under Section 304 Part II of the

Indian Penal Code is set aside. The appellant is

acquitted of the offence punishable under Section 304

Part II of the Indian Penal Code.

(iii) The appellant is, however, convicted for the offence

Cri.Appeal No.38/2019 :: 2 ::

punishable under Section 323 of the Indian Penal Code

and, therefore, sentenced to suffer simple imprisonment

for one year.

(iv) The appellant has already been in jail for little over

seven years. He be set at liberty immediately, if not

required in any other case.

(v) Fine amount, if paid, be refunded to him.

(R.G. AVACHAT, J.)

fmp/-