Bombay High Court
The State Of Mah. Thr. Pso Ps Balapur, Tq. ... vs Yusuf Shah Bismilla Shah And Another on 5 August, 2021
Author: Vinay Joshi
Bench: V. G. Joshi
Order 0508apeal297.21
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 297/2021.
State of Maharashtra, through P.O. Balapur, District Akola.
-VERSUS-
1. Yusuf Shah Bismilla Shah and another.
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri I.J. Damle, A.P.P. for the Appellant.
CORAM : VINAY JOSHI, J.
DATE : AUGUST 05, 2021.
Heard.
2. This is a State appeal seeking for enhancement of punishment awarded by the trial Court in Sessions Trial No.105/2011 for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The trial Court has awarded punishment to undergo rigorous imprisonment of 3 years to accused no.1 Yusuf, whilst accused no.2 Asif was ordered to undergo rigorous imprisonment for 5 years. Feeling this quantum of punishment as totally ::: Uploaded on - 05/08/2021 ::: Downloaded on - 06/08/2021 07:54:15 ::: Order 0508apeal297.21 2 disproportionate and inadequate, the appellant State is before this Court seeking enhancement of sentence.
4. It is submitted that in view of the nature of crime, the accused/respondents would have been convicted and sentence to undergo maximum punishment as permissible in law.
5. Issue notice to respondents, returnable on 02.09.2021.
JUDGE Rgd.
::: Uploaded on - 05/08/2021 ::: Downloaded on - 06/08/2021 07:54:15 :::