DAMODAR GANGARAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein was convicted for the offence punishable under Section 307 of Indian Penal Code and sentenced to suffer R.I. for five years and to pay fine of Rs. 1,000/- in default, S.I. for one month. He is also convicted for the offence punishable under Section 30 of the Arms Act and sentenced to undergo S.I. for one month and to pay fine of Rs. 100/- in default further S.I. for ten days in Sessions Case No. 238 of 2001 by the Ad-hoc Assistant Sessions Judge, Kolhapur vide judgment and order dated 7th May, 2005. After framing of charge, accused No. 1 had absconded and therefore, the trial against accused No. 2 was separated vide order dated 20.4.2004. Sessions Case No. 238 of 2001 was only tried against accused No. 2.

(2.) Being aggrieved by the said judgment and order, the applicant had filed Criminal Appeal No. 55 of 2005 before the Sessions Judge, Kolhapur. The learned Sessions Judge vide judgment and order dated 10.11.2011, has been pleased to dismiss the appeal. Hence, this Revision Application.

(3.) Such of the facts necessary for the decision of this Application are as follows:-