LAWS(BOM)-1997-1-27

SAHDEO RAGHO JETHE Vs. STATE OF MAHARASHTRA

Decided On January 14, 1997
SAHDEO RAGHO JETHE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Ms. Pawar for the appellant and Mr. Borulkar, the learned A. P. P. for the State. This is an appeal against the conviction of the appellant under section 304 of the I. P. C. by which the appellant was sentenced to suffer R. I. for three years and pay fine of Rs. 1,000/-, in default R. I. for six months. This was a judgment of Additional Sessions Judge of Sawantwadi dated 30-11-89.

(2.) THE learned Counsel for the appellant restricted her arguments on the point of sentence only and prayed that taking into consideration the circumstances of the case the sentence awarded to the appellant should be reduced to the minimum possible.

(3.) ACCORDING to the prosecution case, the deceased Pundlik borrowed money from the accused for the expenses of marriage of Indu, who was the daughter of Pundliks brother. Pundlik could not repay loan and the accused was insisting that the Pundlik should sell him certain land in satisfaction of loan amount. But, the Pundlik did not obliged the accused by doing so, nor repaid the loan amount.