DNYANESHWAR ARJUN BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) For the reasons separately recorded, Appeal is partly allowed. The order of conviction and sentence passed by the learned Trial Court in Sessions Case No. 67 of 2011 for the offence punishable under Sec. 302 of the Indian Penal Code is quashed and set aside. Instead the appellants are convicted for the offence punishable under Sec. 304(II) of the Indian Penal Code, the appellants are sentenced to suffer imprisonment of 10 years.

(3.) The appellants be entitled to set off as available under Provision of Sec. 428 of the Code of Criminal Procedure.