VITTHAL JAGANNATH BOBADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction, delivered by the learned Additional Sessions Judge-1, Aurangabad in Sessions Case No. 369 of 2009, whereby he convicted the appellant, who was the sole accused in the said case, of an offence punishable under Section 397 of the I.P.C. and sentenced him to suffer imprisonment for seven years. The report under Section 173(2) (i) of the code of Criminal Procedure filed by the police against the appellant alleged that the appellant had committed an offence punishable under Section 394 of the I.P.C. The learned Additional Sessions Judge, however, framed a charge of an offence punishable under Section 392/395 of the I.P.C. r/w U/sec. 397 of the I.P.C. against the appellant. After the trial, he recorded the acquittal of the appellant with respect to the offences punishable under Sections 392 and 395 of the I.P.C. He convicted the appellant only of the offence punishable under Section 397 of the I.P.C. Being aggrieved by the conviction and the sentence imposed, the appellant has approached this Court by way of the present appeal.

(2.) I have heard Mr. Hemant Surve, the learned advocate for the appellant and Smt. Y.M. Kshirsagar, the learned A.P.P. for the respondent-State.

(3.) With the assistance of the learned advocates, I have gone through the entire evidence adduced during the trial. I have gone through the impugned judgment and also the other relevant record.