Bombay High Court
Rajendra Kashinath Deore vs The State Of Maharashtra And Others on 12 August, 2024
2024:BHC-AUG:17821
1 38-Cri.Appln.1735-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
38 CRIMINAL APPLICATION NO. 1735 OF 2024
IN REVN/355/2023
RAJENDRA KASHINATH DEORE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Applicant : Mr. Pathade Vishweshwar Haribhau.
APP for Respondent-State : Ms. P. V. Diggikar.
...
WITH
CRIMINAL REVISION APPLICATION NO. 355 OF 2023
SUNIL KASHINATH DEORE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Gore Ravindra Vitthal.
APP for Respondent-State : Ms. P. V. Diggikar.
...
CORAM : S. G. MEHARE, J.
DATE : 12.08.2024
PER COURT :-
1. The applicants/accused were convicted for an offences
punishable under Sections 143, 147, 148, 149, 326, 323 and
504 of the IPC. The order of the learned Judicial Magistrate
First Class was impugned in appeal before the Sessions Court.
The Sessions Court also confirmed the conviction. Against the
conviction, the applicant/convict preferred this revision. The
2 38-Cri.Appln.1735-24.odt
substantial sentences were suspended by this Court till the
conclusion of the revision.
2. Applicant Rajendra, who is the injured/complainant
moved an application before this Court to intervene for the
reasons that he has settled the dispute with the accused and
compounding of the offences. The learned counsel for the
accused/applicants states that the contents of the intervenor
Rajendra may be accepted.
3. The offence punishable under Section 326 is non
compoundable. Therefore, both counsels made a statement
that in the circumstances, the quantum of sentence may be
reduced and compensation be paid to the injured. It seems that
both parties are relatives. They wanted to live peaceful life in
future. Therefore, in the peculiar circumstances, the sentence
may be reduced to the period undergone. The applicants were
behind bar for 12 days.
4. Admittedly, there was no error in the impugned
judgments and orders. However, to make the life of both side
peaceful in future, the revision may be partly allowed. Hence,
the following order :
3 38-Cri.Appln.1735-24.odt
ORDER
(i) The revision Application is partly allowed.
(ii) The judgment of the learned Judicial Magistrate
First Class, Kannad in RCC No.267 of 2008, dated
06.06.2018 and confirmed by the learned
Additional Sessions Judge, Aurangabad in
Criminal Appeal No.108 of 2018, dated
28.11.2023 is stayed.
(iii) However, the corporal sentence would suffer R.I.
for three years for the offence punishable under
Section 326. R.I. for one year for Section 323 and
R.I. for one year for the offence punishable under
Section 148, 149 and 143 each is reduced to the
period which the accused undergone. The fine
amount deposited be paid to the injured Rajendra
Kashinath Deore.
(iv) R and P be returned to the learned Trial Court.
(v) Criminal application No.1735 of 2024 stands
allowed.
(S. G. MEHARE, J.)
...
vmk/-
