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2006 Supreme(Bom) 2076

M.G.GAIKWAD
State of Maharashtra through Police Station – Appellant
Versus
Manik s/o Tukaram Honmane – Respondent


ORAL JUDGMENT :

1. Heard learned counsel, appearing on behalf of the respective parties.

2. This is an appeal by the State under section 377 of the Code of Criminal Procedure against the inadequacy of sentence recorded by Judicial Magistrate First Class, Mukhed in Regular Criminal Case No. 192/1993 whereby the accused/respondents have been convicted for the offence under section 325 r.w. 34 of IPC and sentenced to suffer imprisonment till rising of the court and fine of Rs. 200/- each, in default to suffer rigorous imprisonment for one month, each, as well as convicted for the offence under section 324 and 323 r.w. 34 of IPC and sentenced to suffer imprisonment till rising of the court and fine of Rs. 100/- and Rs. 50/- each, respectively.

3. The incident in question was alleged to have taken place on 12-09-1993 at 8.00 a.m. Informant PW1 Ramrao was ploughing his field. Accused No. 1 Manik had gone there and had quarrel with him on account of grant of way to their land. After that quarrel, when Ramrao was coming to the village to inform this incident to his father Mashana, he was restrained near the village gate. Accused No. 2 Tukaram was having a harrow share in his hand and accuse












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