LAWS(BOM)-2022-6-219

ASHOK Vs. STATE OF MAHARASHTRA

Decided On June 15, 2022
ASHOK Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant has challenged the judgment and order dtd. 6/2/2015 passed by the District Judge-1 and Additional Sessions Judge, Newasa in Sessions Case No.67 of 2014. By the impugned judgment and order, the appellant was convicted for commission of offence punishable under Sec. 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay fine of Rs.25,000.00 and in default to suffer simple imprisonment for six months. The appellant was not separately sentenced for commission of offence punishable under Sec. 498-A of the Indian Penal Code, though he was convicted under that sec. also. Out of the fine amount, Rs.25,000.00 was directed to be given to the complainant as compensation under Sec. 357(1) of the Code of Criminal Procedure. The appellant was given set off under Sec. 428 of the Code of Criminal Procedure.

(2.) Alongwith the appellant, his parents also faced the trial. All of them were charged for commission of offence punishable under Ss. 302 and 498-A read with 34 of the Indian Penal Code. The other accused i.e. parents of the appellant were acquitted of all the charges.

(3.) We have heard Mr. Joydeep Chatterji, learned counsel for the appellant, Mr. R. V. Dasalkar, learned APP for the State and Advocate Mr. Z. H. Farooqui, holding for Mr. N. V. Gaware, learned counsel for the respondent No.2.