ANIL SHIVAJI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal challenges the Judgment and Order passed by the learned Additional Sessions Judge, Khed, dated 18/12/2013 thereby convicting the Appellant for the offence punishable under Section 326 and 341 of IPC and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 25,000/- in default to suffer simple imprisonment for three months. Insofar as the offence punishable under Section 341 is concerned, the learned trial Judge has sentenced Appellant to suffer rigorous imprisonment for one month.

(2.) The learned Counsel for the the Appellant does not press Appeal insofar as conviction u/s 326 of IPC is concerned. However, the learned Counsel submits that the sentence of life which is imposed by the learned trial Judge for the offence punishable u/s 326 is totally disproportionate to the facts of the case.

(3.) We have perused the material placed on record. The incident appears to be an outcome of a love affair between the accused and the victim of the crime. It appears that both the Appellant and the victim were having love affair with each other for a long time. However, when the accused asked her to marry, she refused. On such refusal the accused became angry and used to threaten the victim. On the date of incident i.e. on 16/04/2010 when the victim was proceeding towards her college along with her friends Bhagyashri and Pranali, the accused came there and threw Acid on the face and shoulder of the victim. The evidence of the victim P.W.8 Dhanashree Laxman Shinde is also corroborated by her friend Pranali Ravindra Dabholkar (P.W.10).