Manoj alias Manya vs The State of Maharashtra

M.L. Tahaliyani, J.—Appellant was accused No. 6 in Sessions Case No. 03 of 2010. He has been convicted along with five other accused for the offence punishable u/s 395 of the Indian Penal Code. The sentence of the other accused has been reduced by this Court in Appeal Nos. 292 of 2012, 323 of 2012, 377 of 2012, and 345 of 2013. The present appellant is the only accused whose prayer for reduction of sentence is pending. Learned counsel Mr. Bramhe has submitted that the appellant does not press for clear acquittal but he prays for the order similar to the order passed in the earlier appeals.

In the earlier appeals the substantive sentence was reduced from five years to three years and fine amount was maintained. In view of my earlier decisions and in view of the fact that the appellant is similarly situated, I pass the following order.

i) The appeal is partly allowed.

ii) The conviction of appellant Manoj alias Manya Rambhau Tembhurkar (original accused No. 6) for the offence punishable u/s 395 of the Indian Penal Code is maintained. The sentence, however, is modified as under:

The appellant shall undergo rigorous imprisonment for a period of three years and to pay a fine of rupees three thousand, in default to undergo simple imprisonment for a period of three months.

iii) Set off be given for the custody period.

The appeal, accordingly, stands disposed of.