Bombay High CourtAPPA/112/2016dismissed

Chandrashekhar S/O Vasudevrao Yengandhalwar (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Mul, Chandrapur

2016-03-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa112.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.112/2016 IN CRIMINAL APPEAL NO.60/2016 Chandrashekhar s/o Vasudevrao Yengandhalwar ..Versus..

State of Maharashtra, through the P.S.O., P.S., Mul, Tah. Mul, Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 22.3.2016 Heard Shri S.G. Karmarkar, advocate for the appellant and Shri K.R. Lule, A.P.P. for the respondent.

The appellant is convicted for the offence punishable under Section 304-II of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for 15 days.

The learned advocate for the appellant has submitted that there are material inconsistencies in the evidence. It is submitted that though the learned Additional Sessions Judge has recorded in paragraph no.48 of the impugned judgment that other crimes are registered against the appellant, the appellant has not been

2 appa112.16 convicted in any of the case. It is submitted that there is no chance that the appeal would be heard in near future. On the above submissions, learned advocate for the appellant prays that the sentence be suspended.

Shri K.R. Lule, learned A.P.P. has submitted that the learned Additional Sessions Judge has properly appreciated the evidence on the record and the findings recorded by the learned Additional Sessions Judge cannot be faulted with. Considering the facts of the case, the nature of incident and the evidence on the record, I am not inclined to suspend the sentence. Application is dismissed.

JUDGE Tambaskar.