LAWS(BOM)-2016-1-42

PRAKASH D. KATE Vs. THE STATE OF MAHARASHTRA

Decided On January 11, 2016
Prakash D. Kate Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant and five others were prosecuted on the allegation of having committed offences punishable under Section 306 of the IPC r/w. Section 34 of the IPC and 498A of the IPC r/w. section 34 of the IPC. After holding a trial, the Addl. Sessions, Sangli acquitted all the other accused. He acquitted even the appellant so far as the charge of an offence punishable under Section 306 IPC r/w. Section 34 IPC was concerned. He, however, convicted the appellant of an offence punishable under Section 498A of the IPC and sentenced him to suffer R1 for 2 years and to pay a fine of Rs. 1,000/-. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this Court by the present Appeal.

(2.) The State has not challenged the order of acquittal of the appellant in respect of the offence punishable under Section 306 of the IPC r/w. section 34 thereof.

(3.) I have heard Mr. Ranjit Bhonsale, learned counsel for the appellant. I have heard Mrs. M.R. Tidke, learned APP for the State. With the assistance of the learned counsel, I have gone through the entire record of the case. I have carefully gone through the evidence and the impugned judgment.