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2022 Supreme(Bom) 1337

S.S.SHINDE, SARANG V.KOTWAL
Narayan Mhasu Pithe – Appellant
Versus
State Of Maharashtra & Another – Respondent


Advocates appeared:
S.P. Dighe, Advocate, V.B. Konde Deshmukh, Advocate, Rupesh A. Zade, Advocate

JUDGMENT

Sarang V. Kotwal, J. - The appellant has challenged the judgment and order dated 29.1.2019 passed by the additional Sessions Judge, Niphad, District-Nashik in Sessions Case No.36/2012. By the impugned judgment and order, the appellant was convicted for commission of offence punishable under Section 452 of the Indian Penal Code and was sentenced to suffer R.I. for five years and to pay a fine of Rs.5,000/-; and in default of payment of fine to suffer S.I. for six months. The appellant was convicted for commission of offence punishable under Section 307 of IPC and was sentenced to suffer life imprisonment and to pay a fine of Rs.7,000/-; and in default of payment of fine to suffer R.I. for one year. Both the sentences were directed to run concurrently. The appellant was in custody from 23.3.2012 to 26.6.2012 and since 12.9.2018 till 29.1.2019 during pendency of the trial and for that period he was granted set off under Section 428 of Cr.P.C.. Out of the fine amount, Rs.10,000/-were directed to be paid to the first informant Gangubai Wagh towards the compensation under Section 357 of Cr.P.C..

2 We have heard Shri S.P. Dighe, learned counsel for the appellant, Shri V.B. Konde-De

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