Partly allowed

Ganesh Nagnath Boinwad v. the State of Mah

Bombay HC16 Mar 2012APEAL/187/2012

Case brief

AI extract

What is this about?

Criminal appeal arising from murder conviction. The High Court partially allowed the appeal, setting aside the life sentence for murder and convicting the appellant of culpable homicide not amounting to murder with 7 years rigorous imprisonment. Compensation details and set-off for time undergone were ordered.

What did the court decide?

The judgment and order of the Additional Sessions Judge convicting for murder were set aside. The appellant was convicted of Section 304 Part II I.P.C. and sentenced to 7 years rigorous imprisonment a

Ganesh Nagnath Boinwad Vs the State of Mah — Murder and Culpable Homicide | Bombay HC (2012)

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cria187-12.odt

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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD.

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Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders |

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CRIMINAL APPEAL NO.187/12

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Shri Joydeep Chatterji,Adv.
for appellant.
Shri S.D.Kaldate,APP for State
....

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CORAM : NARESH H.PATIL &
 T.V.NALAWADE,JJ.
DATE : 16/03/2012.

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1]For the reasons recorded
under separate judgment, we
pass following order :

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�The Appeal is partly
allowed.

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The judgment and order of
AdditionalSessions
Judge,Nandeddeliveredin

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cria187-12.odt

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SessionsCaseNo.118/2008
convicting and sentenced the
appellantforoffence
punishable under Section 302
r.w. 34 of I.P.C. is hereby
set aside and the appellant is
acquitted of the offence
punishable under Section 302
r.w. 34 of I.P.C. His
conviction is altered to the
the offence punishable under
Section 304 Part II of I.P.C.
and the appellant is
sentenced to suffer rigorous
imprisonment of 7 years and he
is also sentenced to pay fine
of Rs.20,000/-. In default of
payment of fine, he is to
furtherundergoRigorous
imprisonment for one year.

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If the fine amount is
deposited, the amount is to be
paid to the widow of deceased
as compensation under Section
357 of Criminal Procedure
Code. If the widow is not
alive, then the compensation
is to be equally distributed
to next of the kin of the

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cria187-12.odt

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deceased.

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Appellant is entitled to
set-off in the substantive
sentence of imprisonment in
respect of period already
undergone.�

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(T.V.NALAWADE,J.)(NARESH H.PATIL,J.)

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umg/cria187-12

Ganesh Nagnath Boinwad v. the State of Mah

Case brief

What is this about?

What did the court decide?

Ganesh Nagnath Boinwad v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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