LAXMAN CHANDAR JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted on the allegation of having committed an offence punishable under Section 302 of the Indian Penal Code (IPC). The learned Sessions Judge, Nashik, after holding a trial, found him guilty only of an offence punishable under Section 323 of the IPC. He, therefore, acquitted the appellant of an offence punishable under Section 302 of the IPC and convicted him only of an offence punishable under Section 323 of the IPC. The learned Sessions Judge imposed a sentence of Rigorous Imprisonment for a period of 6 months and a fine of Rs.100/ on the appellant. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this court by filing the present appeal.

(2.) The State of Maharashtra has not filed any appeal or any other proceedings before any court challenging the order of acquittal of the appellant with respect to the offence punishable under Section 302 of the IPC, and his conviction only in respect of a lesser offence.

(3.) The prosecution case, as can be gathered from the police report and accompanying documents, and as was put forth before the trial court, be stated thus :