HARVINDER Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 18th March 2005 passed by the Addl. Sessions Judge, Greater Mumbai in the Sessions Case No.92/99, convicting the appellant who was the accused no.1 in the said case of offences punishable under section 308 of the IPC and 353 of the IPC. The learned Addl. Sessions Judge sentenced the appellant to suffer Rigorous Imprisonment for 5(five) years with respect to the offence punishable under section 308 of the IPC, and Rigorous Imprisonment for 4(four) months, and to pay a fine of Rs. 500/- in respect of an offence punishable under section 353 of the IPC. There was one more accused in the said case i.e. Accused no.2 Anwar Shaikh, but the learned Addl. Sessions Judge found him not guilty and acquitted him. Being aggrieved by his conviction and the sentences imposed upon him, the appellant has approached this Court by filing the present Appeal.

(2.) During the pendency of the Appeal, the appellant passed away. However, since the sentence was also of fine, the Appeal would not abate, and was required to be heard and decided on merits.

(3.) I have heard Mr.Chaitanya K. Pendse, learned counsel for the appellant. I have heard Mrs.S.GajareDhumal, learned APP for the State. With their assistance, I have gone through the entire evidence adduced during the trial. I have also gone through the impugned judgment.