RAVINDRA TUKARAM HIWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr.Shrivastav, learned counsel for petitioner and Mr.Ahirkar, A.P.P., for respondents. Rule. Mr.Ahirkar, A.P.P., waives notice for respondents. By consent, heard forthwith.

(2.) By this petition, the petitioner, who is undergoing sentence of imprisonment for having committed offences punishable under Sections 306 read with Section 498-A of Indian Penal Code, challenges the action of respondents in refusing him remission to the extent of 12 months in terms of notifications dated 6.8.1997 and 28.4.1999.

(3.) The petitioner was convicted by the trial Court for the offences punishable under Sections 306 and 498-A of Indian Penal Code and sentenced to suffer rigorous imprisonment for four years under section 306 and for one year under Section 498-A of Indian Penal Code. Appeal was preferred by the petitioner against his conviction and sentence as well as by the State aggrieved by inadequacy of the sentence. Both these appeals were disposed of by common judgment on 2.8.2006 by which the appeal preferred by the petitioner/accused was dismissed and the appeal preferred by the State seeking enhancement of sentence was allowed and the substantive sentence for the offence under Section 306 of Indian Penal Code was enhanced to six years and the petitioner was ordered to pay fine of Rs. 2,000/-, in default to suffer simple imprisonment for two months.