The State Of Maharashtra v. Eknath Shivaram Suryavanshi

1/2 206-APP41-03&963.02.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.41 OF 2003 The State of Maharashtra ..

Appellant Vs.

Eknath Shivaram Suryavanshi ..

Respondent (Orig. Accused) ALONG WITH CRIMINAL APPEAL NO.963 OF 2002 Eknath Shivaram Suryavanshi ..

Appellant (Orig. Accused) Vs.

The State of Maharashtra ..

Respondent ...

Ms. A.S. Pai, A.P.P. for the State.

CORAM:

PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATED :

22nd AUGUST, 2019.

P.C:- 1.

For causing a life threatening injury to Madhukar (PW-2) by using a spear and for causing hurt by using a dangerous weapon to Bhanudas (PW-1), the Accused - Eknath Shivaram Suryavanshi has been convicted for offences punishable under Sections 307 and 324 of the IPC. For the AJN

2/2 206-APP41-03&963.02.doc former, he has been sentenced to suffer rigorous imprisonment for three years and pay fine in sum of ₹ 500/-, in default, to suffer rigorous imprisonment for six months. For the later, he has been sentenced to suffer rigorous imprisonment for one year. Both the sentences have been directed to run concurrently. Benefit of Section 428 of the Cr.P.C. has been granted.

2.

The State is in appeal seeking enhancement of the sentence for the offence punishable under Section 304 Part-II of the IPC. The Accused is in appeal questioning his conviction.

3.

The learned A.P.P. for the State informs that the Accused has died. 4.

The proceedings have, thus, abated.

5.

The two appeals be consigned to the record.

(SMT. BHARATI DANGRE, J.) (CHIEF JUSTICE) AJN