SHIVCHARAN GANGARAM DHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant herein along with one another Ramsingh s/o Ghanshyam Bhilavekar has been convicted by the Additional Sessions Judge, Achalpur in Sessions Trial No.19 of 2010 for offences punishable under section 376(2)(g) of the Indian Penal Code and has been sentenced to suffer R.I. for 10 years and to pay fine of Rs.1,000/, in default of payment of fine, to suffer further R.I. for 3 months, the accused are also convicted for offence punishable under Section 323 r/w 34 of the Indian Penal Code and have been sentenced to undergo R.I. for 1 year and to pay fine of Rs.200/, in default of payment of fine, to suffer R.I. for 1 month and the accused are also convicted for offence punishable under Section 506 r/w 34 of the Indian Penal Code and are sentenced to suffer R.I. for 1 year and to pay fine of Rs.200/, indefault of payment of fine, to suffer R.I. for 1 month, by a judgment and order dated 27.10.2010.

(2.) BEING aggrieved by the said judgment, original accused no.1 has filed a Letter Appeal to this Court and this court has appointed Advocate Shri R.R. Shrivastava to plead the case of original accused no.1. However, original accused no.2 is not represented. However, the charge framed against both the accused was the same and, therefore, the case of the unrepresented accused is also being considered in the interest of justice.

(3.) PW 1 Ramdas s/o Ramchandra Jhamarkar was the panch to the spot panchanama. He has been declared hostile.