SHAIKH SAMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard this matter finally by consent of the parties.

(2.) A life convict has approached this Court under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure challenging the clause No.(3) of award of sentence passed by Judicial Magistrate First Class on 2/5/2023 in SCC.No.427 of 2018 as well as order dtd. 18/9/2023 passed by jurisdictional Magistrate rejecting his application seeking direction to modify the clause in operative part.

(3.) Petitioner was earlier convicted for offence under Sec. 302 by Additional Sessions Judge, Nanded in Sessions Case No.95 of 2013 for imprisonment of life and fine of Rs.1,000.00. Being aggrieved, he had preferred Criminal Appeal No.734 of 2014, but it was dismissed on merits. While undergoing the sentence, he was prosecuted for offence under Sec. 224 of the IPC in SCC.No.427 of 2018.