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Bombay High CourtAPEAL/784/2015partly allowed and partly dismissed

Bhimsinh S/O Amarsingh Thakur v. The State Of Maharashtra

2017-06-14Hon'Ble Shri Justice V.L. Achliya2 pages

784.2015crapl

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL APPEAL NO. 784 OF 2015 Bhimsinh s/o Amarsingh Thakur, age 23 years, occu. Nil, r/o Shahunagar, Tq. Nanded, Dist.Nanded.

..APPELLANT.

VERSUS

The State of Maharashtra.

..RESPONDENT.

...

Advocate for Appellant : Mr.Shinde Ashish B.

APP for Respondents/State: Mr.G.O. Wattamwar. ...

CORAM : V.L. ACHLIYA, J.

13/14th JUNE, 2017.

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

"In the result, I pass the following order:

i) Criminal Appeal No.784 of 2015 is partly allowed; ii) The conviction of the appellant for the offence punishable under Section 307 of IPC is altered from section 307 IPC to section 326 IPC. The sentence awarded to the accused to suffer is modified. The

784.2015crapl appellant is sentenced to undergo R.I. for five years and pay fine of Rs.1000/-, in default of payment of fine, to undergo further R.I. for fifteen days, instead of sentence awarded to undergo R.I. for ten years and fine of Rs.1000/- Iii) Appeal is disposed of in above terms.

[ V.L. ACHLIYA, J ] Kadam.