Ramji Jiranga Pawar & Ors. Vs. State of
INSC 910 (13 May 2008)
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.877 OF 2008 [ARISING OUT OF SLP (CRIMINAL) NO.6416 OF 2007]
RAMJI JIRANGA PAWAR & ORS. Appellants VERSUS STATE OF MAHARASHTRA Respondent
ORDER 1. Leave granted.
2. In this appeal the trail Court
by its judgment dated 30.3.2005 convicted appellant No.1 (Ramji Jiranga Pawar)
for the offence punishable under Section 324 of the Indian Penal Code (in short
"IPC") and sentenced him to suffer rigorous imprisonment for three
years with fine of Rs.2000/- and in default of payment of fine to suffer
rigorous imprisonment for six months. The trial court also convicted appellant
No.2 (Parbatsingh Jiranga Pawar) and appellant No.3 (Dwarka Bhusalya Pawar) for
the offence punishable under Section 323 IPC and sentenced them to suffer
rigorous imprisonment for one year with fine of Rs.1000/- and in default of
payment of fine to undergo rigorous imprisonment for one month.
3. On appeal, the High Court by
its judgment dated 11th April, 2007 confirmed the conviction and sentence awarded to the
appellants by the trial court.
4. Considering the facts and
circumstances of the case and having carefully gone through the evidence placed
on record, in our view, the ends of justice will be sub-served if the sentence
awarded to appellant No.1 is reduced from 3 years R.I. to 1= years R.I. and the
sentence of appellant Nos. 2 & 3, who are stated to have already undergone
almost 7 months R.I., is reduced to the period already undergone by them. We
order accordingly. Appellant Nos. 2 and 3 shall be released forthwith, if not
required in any other case.
5. The appeal stands disposed of
(V.S. Sirpurkar) New Delhi;
May 13, 2008.