Khawakash @ Khawachya Gopinath ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 3282 Bom

                                        {1}               CRI WP 312 OF 2023


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

               952 CRIMINAL WRIT PETITION NO.312 OF 2023

                KHAWAKASH @ KHAWACHYA GOPINATH KALE
                                   VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
                Advocate for Petitioner : Mr.Satish A. Gaikwad
               APP for Respondents-State : Mr.G.O.Wattamwar
                                      ...
                           CORAM : MANGESH S. PATIL &
                                       ABHAY S. WAGHWASE, JJ.

                               DATE :     31 March 2023

 PER COURT :-

 .          Heard.

2. The petitioner was convicted for the ofences punishable

under Sections 302 and 394 of the Indian Penal Code and was

sentenced by the trial Court as under:

" The accused is sentenced to sufer imprisonment for life till death and to pay a fne of Rs.500/- (Rs.Five Hundred only), in default to sufer further simple imprisonment for a period of one month for the ofence punishable under Section 302 of Indian Penal Code.

The accused is sentenced to sufer Rigorous Imprisonment for 10 years and to pay a fne of Rs.500/- (Rs. Five Hundred only), in default to sufer further Simple Imprisonment for a period of one month for the ofence punishable under Section 394 of Indian Penal Code."

{2} CRI WP 312 OF 2023

3. He had preferred an appeal against conviction under

Section 374 of the Code of Criminal Procedure and by the

Judgment and order dated 10-04-2012, the appeal was dismissed

by this Court.

4. The learned Advocate for the petitioner submits that, the

trial Court has erroneously awarded sentence of life

imprisonment till death. He submits that the petitioner would be

remediless if the order is not rectifed.

5. Prima facie we are not inclined to entertain the petition.

However, considering the issue, we direct the parties to address

us on the aforementioned issue.

6. Stand over to 21-04-2023.

   ( ABHAY S. WAGHWASE )                         ( MANGESH S. PATIL )
          JUDGE                                        JUDGE


 SPT