DATTA LAXMAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8.10.1996 passed by the Additional Sessions Judge, Nasik, in Sessions Case No. 113 of 1996, convicting the appellant, who was the sole accused in the said case, for an offence punishable under Section 307 of the Indian Penal Code (IPC), and sentenced him to suffer Rigorous Imprisonment for five years, and to pay a fine of Rs. 1,000/-, in default, to suffer Rigorous Imprisonment for one month. I have heard Smt. S.A. Dhamale, the learned counsel for the appellant. I have also heard Smt. V.S. Mhaispurkar, the learned APP for the State.

(2.) The learned counsel for the appellant submitted that in the peculiar facts and circumstances of the case, she was not challenging the judgment of conviction delivered by the trial court on merits, and that, she would not be disputing the correctness of the findings recorded by the trial court, to the effect that, the appellant was guilty of an offence punishable under Section 307 of the IPC. She, however, submitted that there are several features of the case, which deserve an absolutely lenient approach to be taken as regards the sentence. She, therefore, submitted that she would be pressing the appeal only for reduction of the substantive sentence imposed upon the appellant.

(3.) In view of these submissions, I have not meticulously gone through the evidence recorded during the trial. I have, however, carefully gone through the statement of the injured victim - Datta Bhandare (PW 5), and the medical evidence with respect to the injuries sustained by him, as was adduced during the trial. I do not doubt the correctness of the finding recorded by the trial court.