LALIT TIMOTHI D’SOUZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant in Criminal Appeal No.256/2012 was an accused before the trial Court in Sessions Case No.140 of 2008. In the said Sessions Case, the accused was tried for the offence punishable under Section 307 of the Indian Penal Code (for short "IPC") and Section 30 of the Indian Arms Act (for short "Arms Act"). By the Judgment and order dated 1st February, 2012, the trial Court acquitted the accused of the offences punishable under Section 307 of the IPC and under Section 30 of the Arms Act. The trial Court instead convicted the accused for the offence punishable under Section 326 of the Indian Penal Code and sentenced him to suffer Rigorous Imprisonment for three years and to pay fine of Rs.1 Lakh and in default of payment of fine to suffer further imprisonment of six months.

(2.) Criminal Appeal No.256 of 2012 is filed by the accused challenging his conviction for the offence punishable under Section 326 of the IPC. Whereas, Criminal Appeal No.740/2012 and 741/2012 are filed by the State and victim respectively against acquittal of the accused for the offence punishable under Section 307 of the IPC and under Section 30 of the Arms Act.

(3.) This court, while admitting the Appeal filed by the accused has passed the following order on 13th March, 2012 :