BABAJI S/O. SHRIPATI GUND Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2022-4-183
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on April 29,2022

Babaji S/O. Shripati Gund Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.)Present application has been filed for suspension of sentence.
(2.)Learned Additional Chief Judicial Magistrate, Court No.13, Ahmednagar, has held the applicant guilty in SCC No.500 of 2018 and has awarded following sentence.
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(3.)Present applicant challenged the said finding and sentence by filing Criminal Appeal No.179 of 2019 before learned Sessions Judge, Ahmednagar. Said appeal came to be partly allowed and conviction of the accused was maintained, however, sentence for the offences punishable under sec. 279, 337 and 338 of the IPC and sec. 184 of the MV Act has been set aside in view of sec. 71 of the IPC. The punishment for the offence punishable under sec. 304-A of the IPC awarded by the learned Trial Judge was maintained, so also the sentence of fine for offence punishable under sec. 134 of the MV Act was also maintained. An amount of Rs.1000.00 out of fine realized has been directed to be paid to PW-4 Vithal Gaygove under sec. 357(1) of the Cr.P.C. as compensation. This order is challenged in the revision.


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