FRANCIS DEVID BATISE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant and two others were prosecuted on the allegation of having committed offences punishable under Sections , & of the Indian Penal Code ("IPC" for short) r/w Section of the IPC. The learned Sessions Judge, Aurangabad, who tried them found the appellant guilty of an offence punishable under Section (Part II) of IPC and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/ -, in default to suffer RI for six months. The learned Sessions Judge acquitted the appellant of the other offences. He also acquitted the other two accused of all the offences.

(2.) THE appellant, being aggrieved by conviction and sentence as aforesaid, has approached this court by filing the present appeal.

(3.) DURING the trial the prosecution examined seven witnesses, all of whom have been referred to earlier. The appellant and the other accused did not examine themselves as witnesses but examined two witnesses namely Smt. Padmavati and Sushil, in defence.