STATE OF MAHARASHTRA Vs. KRUSHNA RAGHUNATH MADAVI

JUDGEMENT

(1.) Present criminal appeal is preferred by the State of Maharashtra against the impugned judgment and order dated 12/11/1997 passed by the Sessions Judge, Chandrapur in Sessions Case No. 34 of 1997.

(2.) by the impugned judgment and order, learned Sessions Judge, Chandrapur was pleased to acquit present respondent then accused for the offence punishable under Section 302 of the Indian Penal Code, however, convicted the said accused for the offence punishable under Section 498-A IPC and sentenced him to undergo rigorous imprisonment for two years and fine of Rs. 1,000/-, in default, further rigorous imprisonment for three months. Apparently present respondent/accused was in custody since 30/11/1996 and as such set off was given to the accused by the Sessions Court.

(3.) Being aggrieved by the acquittal of respondent/accused for the offence punishable under Section 302 IPC, the State preferred the appeal after obtaining leave by this Court.