DATTA ANGANAPPA BAGADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In pursuant to the order dated 22nd December 2018 directing issuance of bailable warrant against the appellant/accused passed by the co-ordinate Bench of this court (Coram : N.J.Jamadar, J.), appellant/accused Datta Bagadi is present before the court along with his learned counsel and that is how this appeal is required to be taken up for final hearing.

(2.) By this appeal, the appellant/accused Datta Bagadi is challenging the judgment and order dated 12th September 1997 passed by the learned Additional Sessions Judge, Kolhapur, in Sessions Case No.29 of 1997 thereby convicting him of offences punishable under Section 304-II , 323 and 504 of the Indian Penal Code. For the offence punishable under Section 304-II of the Indian Penal Code, the appellant/accused is sentenced to suffer rigorous imprisonment for 5 years apart from direction to pay fine of Rs.2,000/- and in default to undergo rigorous imprisonment for 2 months. For the offence punishable under Section 323 of the Indian Penal Code, the appellant/accused is sentenced to suffer rigorous imprisonment for 1 month apart from direction to pay fine of Rs.500/- and in default to undergo further rigorous imprisonment for 1 week. For the offence punishable under Section 504 of the Indian Penal Code, the appellant/accused is sentenced to suffer rigorous imprisonment for 1 month apart from payment of fine of Rs.500/- and in default, to undergo further rigorous imprisonment for 1 week. Substantive sentences are directed to run concurrently by the learned trial court.

(3.) Facts in brief, leading to the prosecution and resultant conviction of the appellant/accused, are thus :