Dinesh Shankar Aakode v. The State Of Maharashtra

APP738.2014 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPEAL NO.738 OF 2014 Dinesh S. Aakode Vs. The State of Maharashtra Office notes, office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Shri Ahbaykumar Apte, Advocate Appointed by Legal Aid for Appellant.

Shri A.S. Shitole, A.P.P. for the State.

CORAM: SMT V.K. TAHILRAMANI AND SHRI B.P. COLABAWALLA JJ.

DATED : 25TH MARCH, 2015 P.C. :

For the reasons stated in the judgment dated 25.3.2015 the following order is passed :

ORDER

1.

Considering the evidence on record, we are of the view that Exception 4 to section 300 of IPC applies to the facts of the case and the appropriate conviction would be under section 304 Part I of IPC.

Hence, conviction and sentence of the Appellant under section 302 of VRD

APP738.2014 IPC is set aside, instead the appellant is convicted under section 304 Part I of IPC. In our view, custodial sentence of eight years RI and fine of Rs.2,000/-, in default SI for two months would meet the ends of justice.

2.

The Appeal is allowed to the aforesaid extent.

3.

Office to communicate this order to the Appellant who is in Kolhapur Central Prison and to the Superintendent of Kolhapur Central Prison, Kolhapur.

(SMT. V.K. TAHILRAMANI J.) (SHRI B.P. COLABAWALLA J.) VRD