AMRUT SAKHARAM SANAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment, dated 18/09/1968, of the High court of Bombay confirming the order of conviction of the appellant under S. 409 of the Indian Penal code to a sentence of rigorous imprisonment for a period of three years.

(2.) The appellant and four other accused were charged with offencesunder S. 120-B, 409, 467 and 471 of the Indian Penal Code. The sessions Judge acquitted three of the accused Nos. 3, 4 and 5. The Sessions judge acquitted accused No. 1 Dattatraya Nathu Sonar of the charge of conspiracy under S. 120-B of the Indian Penal Code but convicted him of offences under S. 409, 467 and 471 of the Indian Penal Code and sentenced him to rigorous imprisonment for a period of three years for each of the offences and the sentences were to run concurrently. The sessions Judge convicted the appellant of the offence under S. 409 of the Indian Penal Code and sentenced him to rigorous imprisonment for three years. The appellant was however acquitted of the charges under sections 120-B, 467 and 471 of the Indian Penal Code.

(3.) Dattatraya Nathu Sonar and the appellant preferred an appeal to the High court at Bombay. The High court set aside the order of conviction and sentence passed against accused No. I Dattatraya Nathu Sonar and confirmed the order of conviction and sentence passed against the appellant.