SHEIKH ZAFAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant is challenging his conviction and sentence for the offence punishable under Section 326 of the Indian Penal Code imposed upon him by the learned 7 th Ad-hoc Additional Sessions Judge, Nagpur, vide judgment and order dated 16.6.2004 in Sessions Trial No. 30/2002 and sufferance of rigorous imprisonment for three years and payment of fine of Rs.2,000/-, in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) I have heard Shri S. Raisuddin, the learned counsel for the appellant and Shri Nitin S. Rao, the learned Additional Public Prosecutor for the respondent-State.

(3.) Initially, the appellant was charged by the learned Judge of the Court below for committing offence punishable under Section 307 of the Indian Penal Code for making assault on Pushpa Khairkar (PW3). The learned Judge acquitted the appellant for the offence punishable under section 307 of the Indian Penal Code and convicted him for the offence punishable under Section 326 of the Indian Penal Code. No appeal is preferred by the respondent/State challenging acquittal of the appellant under Section 307 of the Indian Penal Code