SHEIKH JUNAID SHEIK RAUF Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Challenge in this appeal is to the judgment and order of conviction dated 09.09.2020 passed by the Sessions Judge, Buldhana in Sessions Case No. 27/2018 whereby and under which the appellant (accused) was convicted for the offence punishable under Section 326 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 4 years and to pay a fine of Rs. 5,000/-, in-default of payment of fine, to suffer simpler imprisonment for 3 months.

(3.) The appellant - Junaid was tried along with two co- accused for the offence punishable under Sections 307 , 504 and 506 of the Indian Penal Code. The Trial Court acquitted other two co-accused from all charges whilst accused Junaid was acquitted only for Section 504 and 506 of the Indian Penal Code. The Trial Court instead of Section 307 of the Indian Penal Code, convicted accused Junaid for the offence punishable under Section 326 of the Indian Penal Code and passed aformentioned sentence. The State has not challenged acquittal of either of accused on any count. Precisely, the challenge in this appeal remained to the extent of conviction of accused for the offence punishable under Section 326 of the Indian Penal Code only.