Cri. Appln. No. 2263/2010 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2263 OF 2010 The State of Maharashtra Through the Police Station Officer, Dhule Taluka Police Station, Taluka and Dist. Dhule. ....Applicant. Versus Ashok Mahadu Marathe, Age 30 yrs., R/o. War (kundane), Tq. & Dist. Dhule. ....Respondents. Mrs. R.K. Ladda, APP for State/applicant. Mr. V.P. Raje, Advocate for respondent. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 3rd May, 2011. PER COURT : 1. Heard the learned counsel appearing for parties. We have perused the record. 2. The charge was framed by the Ad-hoc Additional Sessions Judge, Dhule in Sessions Case No. 94/2006 on 6th July 2009 on the allegations that the accused therein assaulted deceased Bhaidas Ukadu Chavan and committed offence punishable under section 302 read with 34 of the Cri. Appln. No. 2263/2010 2 Indian Penal Code. Learned Judge while delivering the judgment on 26th February 2010, convicted original accused Nos. 1 to 4 for offences punishable under section 323 read with 34 of IPC and convicted and sentenced the accused Ashok Mahadu Marathe for offence punishable under section 307 of IPC. This order of sentence is recorded in spite of the fact emerging from record that Bhaidas Ukadu Chavan died. The appeal filed by the accused was admitted by the learned Single Judge of this Court on 11th March 2010 bearing Criminal Appeal No. 99 of 2010. The State has filed appeal for enhancement of sentence against accused Ashok Mahadu Marathe. 3. The application for leave to appeal is granted and disposed of accordingly. Record and proceedings be sent back forthwith. 4. The appeal be registered. 5. Appeal is admitted. 6. Learned counsel for respondent waives notice of admission. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/ca2263.10