VIJAY HARIBA KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the appellant and APP for the State.

(2.) By order dated 26th February, 2010, Brother B. R. Gavai J. was pleased to issue notice to the respondent which was made returnable in three weeks. The parties were put on notice that the appeal would be disposed of finally at the stage of admission. The appellant was directed to produce notes of evidence on rec'ord. Accordingly, the appellant has filed the compilation of evidence.

(3.) The appellant has been convicted by the Sessions Court for the offence punishable under section 304 Part II of the Indian Penal Code and sentenced to undergo SI for three months and to pay fine of Rs. 50,000/- and in default, to undergo further S.I. for one month. He is also convicted for the offence punishable under section 280 of the Indian Penal Code and is sentenced to undergo SI for one month and to pay fine of Rs. 1000/- and in default, to undergo SI for 10 days. Prosecution case in brief is as under :-