BALKRISHNA KHASHABA MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried by the Sessions Court at Satara in Sessions Case No.136 of 2002 for offences punishable under Sections 302, 323 and 449 of the Indian Penal Code ("IPC" for short). By the judgment and order dated 20/1/2004 the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to suffer RI for life and to pay a fine of ' 4,000/ , in default to suffer further R.I. for three years for having committed murder of Sunil Kakade ("the deceased"). The appellant has also been convicted for offence punishable under Section 449 of the IPC and sentenced to suffer RI for three years and to pay fine of ' 1,000/ , in default to suffer further RI for one year. The appellant is acquitted of the offence punishable under Section 324 of the IPC. The substantive sentences have been ordered to run concurrently. Being aggrieved by the said judgment and order the appellant has preferred this appeal.

(2.) IT is necessary to give gist of the prosecution case.

(3.) WE have heard Mr. Bhosale, learned counsel, who appears for the appellant and learned APP Shri. More. With their assistance we have gone through the record of the case.