SAMADHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Revision, the applicant is challenging the judgment and order, passed by the Sessions Judge, Dhule, dated 16.11.2013 in Criminal Appeal No. 48 of 2010, thereby the learned lower Appellate Court, though partly allowed the appeal filed on behalf of the present applicant, the conviction of the applicant for the offences punishable under Sections 304 and 338 of the Indian Penal Code is maintained, however, the period of rigorous imprisonment of six months was reduced to three months, as directed by the learned 4th Joint Judicial Magistrate, First Class, Dhule in Summary Trial Criminal Case No. 3088 of 2007. The learned lower Appellate Court was pleased to maintain the conviction and sentence of rigorous imprisonment for three months recorded against the applicant under Section 337 of the Indian Penal Code as awarded by the court below. Brief facts can be narrated as under:-

(2.) The learned Magistrate was pleased to convict the applicant under Section 304A of the Indian Penal Code and was directed to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for one month. The Magistrate was further pleased to record a finding of guilt against the present applicant for the offence punishable under Section 338 of the Indian Penal Code and on that count also he directed the applicant to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default he was directed to suffer simple imprisonment for one month. He was also convicted for the offence punishable under Section 337 of the Indian Penal Code and was directed to suffer rigorous imprisonment for three months and to pay fine of Rs. 1,000/-, in default he was directed to suffer simple imprisonment for one month.

(3.) Since the applicant was aggrieved, he carried an appeal before the appellate court. The said appeal was registered as Criminal Appeal No. 48 of 2010 and the learned lower Appellate Court has passed the order as mentioned in the opening paragraph of this judgment.