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Krishnarao Gangrao Maske vs The State Of Maharashtra on 25 November, 2020

Bench: S. Abdul Nazeer, Sanjiv Khanna

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                                       IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION


                                 CRIMINAL APPEAL NOS. 812-813 OF 2020
                           (Arising out of SLP(Crl.) Nos. 4070-4071/2020)


                          KRISHNARAO GANGRAO MASKE                            ..     APPELLANT(S)
                          & ANR.ETC.
                                               VERSUS

                          THE STATE OF MAHARASHTRA                            ..     RESPONDENT(S)

                                                         O R D E R

Leave granted.

We have heard learned counsel for the appellants as well as learned counsel for the State of Maharashtra. It is an admitted position that even according to the impugned judgment of the High Court, the injury that was caused was simple and not grievous. This being the case, the High Court was in error in convicting the appellants under Section 326 read with Section 149 of IPC and sentencing them to 6 years rigorous imprisonment. It is clear that if the injury caused was simple, the conviction could only be under Section 323, and the maximum period is one year. Considering that the appellants have been in jail for more than three months, we convict them under Section Signature Not Verified Digitally signed by 323 and the period of sentence that is already Charanjeet kaur Date: 2020.12.01 14:55:10 IST Reason: undergone is to be substituted for the sentence of the High Court.

The impugned judgment(s) of the High Court is set aside and the appeals are allowed in the aforesaid terms.

...................J. [ S. ABDUL NAZEER ] ....................J. [ SANJIV KHANNA ] NEW DELHI, NOVEMBER 25, 2020.

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ITEM NO.15       Court 8 (Video Conferencing)        SECTION II-A

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Petitions for Special Leave to Appeal (Crl.) Nos.4070-4071/2020 (Arising out of impugned final judgment and order dated 22-01-2020 in CRLA No. 622/2012 22-01-2020 in CRLA No. 179/2014 passed by the High Court Of Judicature At Bombay At Aurangabad) KRISHNARAO GANGRAO MASKE & ANR. ETC. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA Respondent(s) (IA No. 69477/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 69476/2020 - EXEMPTION FROM FILING O.T. IA No. 69479/2020 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS) Date : 25-11-2020 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Shirish K. Deshpande, AOR For Respondent(s) Mr. Sachin Patil Adv.

Mr. Rahul Chitnis Adv.

Mr. Geo Joseph Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeals are allowed in terms of the signed order.

Pending applications stand disposed of.

(CHARANJEET KAUR) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ]