Pirmohammad Kasam Shaikh v. The State Of Maharashtra

(1) Cr. Appeal 387/2001-Operative Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 387 OF 2001 Pirmohammad Kasam Shaikh Age : 35 years, R/o : Shiblapur, Tq. Sangamner, Dist : Ahmednagar .. Appellant (Orig. Accused)

VERSUS

The State of Maharashtra .. Respondent ---- Mr. V.Y. Bhide, Advocate for the appellant Mr. N.T. Bhagat, A.P.P. for the respondent/State ---- CORAM : M.T. JOSHI, J.

DATE : 15/12/2015 OPERATIVE ORDER :

.

For the detailed reasons forwarded in the Judgment delivered today, the following order is passed:- 2.

Criminal Appeal is partly allowed.

3.

The impugned order dated 30/08/2001 passed by the learned Additional Sessions Judge, Sangamner in Sessions Case No. 200 of 2000, convicting and sentencing the appellant for the offence punishable

(2) Cr. Appeal 387/2001-Operative Order under section 307 of the Indian Penal Code is hereby set aside.

4.

Consequently, the impugned order regarding the sentence is also set aside.

5.

Instead, the appellant is convicted for the offence punishable under section 326 of the Indian Penal Code. He is directed to suffer rigorous imprisonment for a period of 5 years and also to pay a fine of Rs.2,000/-, in default of payment of fine, he is directed to further suffer rigorous imprisonment for a period of 3 months.

6.

The appellant was under-trial prisoner during the trial and was also behind the bar for certain period during the pendency of the appeal. The necessary set off, as per the rules, therefore be given to the appellant.

7.

The appellant shall surrender before the learned Sessions Judge, Sangamner within a period of six (6) weeks from the date of this Judgment. Upon failure, the learned Sessions Judge, Sangamner to

(3) Cr. Appeal 387/2001-Operative Order take steps for bringing the appellant in the Court for serving the rest of the sentences now awarded. 8.

Criminal Appeal stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/