STATE OF MAHARASHTRA Vs. SANJAY

JUDGEMENT

(1.) The Trial Court has delivered the impugned judgment on 20/05/2003 in Sessions Case No.132/2002 and has convicted the respondent/ accused for offences punishable u/s 324 and 452 of the IPC. It would be appropriate to reproduce paragraph No.41 and the order thereunder, as follows :-

(2.) By this appeal, the State of Maharashtra prays for conviction of the respondent u/s 307 of the IPC. In the event, this Court is not convinced that the respondent has committed an offence punishable u/s 307 of the IPC, this Court may award maximum sentence for the offence punishable u/s 324 and 452 of the IPC.

(3.) It is undisputed that the accused has not challenged his conviction u/s 324 and 452 of the IPC. Since he was acquitted for the offence punishable u/s 307 and was granted the benefit of Section 4 of the Probation of Offenders Act, 1953, he chose to accept the verdict. By this appeal, the State prays for quashing the conclusion of the Trial Court in clause (ii) of the order, reproduced above and by setting aside the conviction u/s 324, it is prayed that the accused be convicted u/s 307 and his conviction u/s 452 of the IPC may be maintained.