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BOMBAY HIGH COURT - BENCH AT AURANGABAD
K.U.CHANDIWAL, J
Ramdas s/o Arjun Japkar – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. court confirms the appellant's conviction and discusses sentencing. (Para 1) |
| 2. defense claims self-defense and disputes prosecution evidence. (Para 2 , 3) |
| 3. medical evidence supports prosecution’s case against the appellant. (Para 4 , 5 , 6) |
| 4. court concludes on the appellant's imprisonment and modifies sentence. (Para 7) |
| 5. court orders compensation along with modified punishment. (Para 8) |
ORAL JUDGMENT:
1. Conviction recorded, in Sessions Case No.55/1998, dt.18.2.2009, treating the offense to be under Section 324 of IPC, instead of Section 307 thereof, directing the accused/appellant to undergo rigorous imprisonment for one year, by the learned Additional Sessions Judge, at Ahmednagar, is impugned by the accused/appellant.
2. Mr.Garud, learned Counsel, representing the accused/appellant submits, the incident of assaulting Kisan, uncle of the accused, is a story projected by the prosecution, to avoid claim of the accused, for partitioning the ancestral property. Learned Counsel does not dispute the events occasioned, however, according to him, rival group of the complainant was aggressor and, the accused/appellant was assaulted, in defense, he pushed a bicycle, wh
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