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Bombay High CourtAPEAL/640/2012partly allowed partly dismissed

Vilas Sarjerao Kadam v. The State Of Maharashtra

2015-03-27Hon'Ble Shri Justice A.M. Thipsay2 pages

Tilak 1/2 APPEAL-640-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.640 OF 2012 Vilas Sarjerao Kadam .. Appellant

Versus

The State of Maharashtra .. Respondent --- Mr.Prakash N. Wagh, Advocate for the appellant. Mrs.Anamika Malhotra, APP for the Respondent State. --- CORAM : ABHAY M. THIPSAY, J.

DATED : 27th MARCH 2015 --- JUDGMENT :

For the reasons separately recorded, the following order is passed :

Appeal is partly allowed.

The conviction of the appellant is altered to, from that of an offence punishable under Part-I of section 304 of the IPC, to the offence punishable under Part-II of section 304 of the IPC.

The sentence of Rigorous Imprisonment imposed upon the appellant is reduced to 4(four) years.

Tilak 2/2 APPEAL-640-12 The amount of fine as imposed by the Addl. Sessions Judge is reduced to Rs.500/-. In default of payment of fine, the appellant shall undergo Rigorous Imprisonment for 10(ten) days.

Appeal is disposed of in the aforesaid terms. (ABHAY M.THIPSAY, J)