RITESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in the present appeal is to the conviction and sentence imposed upon the appellant, namely, Ritesh s/o. Balveersing Sauda, by way of judgment and order dated 30th March 2010, rendered by the learned Additional Sessions Judge-I, Beed, in Sessions Case No. 91/2009, thereby convicting the appellant (original accused) for the offence punishable under Section 307 of Indian Penal Code, and sentencing him to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 20,000/-, in default of payment of fine, to undergo further rigorous imprisonment for one year, and also, convicting him for the offence punishable under Section 27(1) of the Arms Act, and sentencing him to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 6 months, and also directing that out of the said fine amount, an amount of Rs. 15,000/- be paid to the complainant, namely, Pruthvi s/o. Dharamsing Pival, by way of compensation, as well as, further directing that both the substantive sentences to run concurrently, and also directing that the appellant was entitled for set off as per provisions of Section 428 of Cr.P.C. for the period under custody, whereas, he was acquitted for the offence punishable under Section 25(1-B) of the Arms Act.

(2.) The factual matrix of the prosecution case, and facts and events leading to the present appeal are as follows :

(3.) Accordingly, charge sheet came to be filed against the accused only and case under R.C.C. No. 467/2009 was registered in the court of Judicial Magistrate (First Class), Beed. Since charge under Section 307 of IPC levelled against the accused was exclusively triable by the Court of Sessions, learned Judicial Magistrate (F.C.), Beed, committed the said case to the Court of Sessions at Beed, by order dated 30-7-2009.