GANESH RADHESHAM SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments at length in this appeal which is preferred by appellant/original accused no.1 challenging the judgment and order of conviction passed against him in Sessions Trial No. 213 of 2003.

(2.) The impugned judgment and order was passed on 14th January 2005 by learned Adhoc Additional Sessions Judge, Akola. In Sessions Trial No. 213 of 2003 present appellant/ original accused no. 1 and other co-accused, his brother Suresh and mother Meerabai were tried for the offences punishable under Sections 302, 498A read with Section 34 of the Indian Penal Code. By the impugned judgment and order, original accused nos. 2 and 3 were acquitted. The State of Maharashtra has not preferred appeal against the said acquittal.

(3.) Present appellant/accused no. 1 was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default, to suffer further rigorous imprisonment for one month. Appellant was also convicted for the offence punishable under Section 498A of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default to suffer further rigorous imprisonment for one month. Substantive sentences were directed to run concurrently. Admittedly, since 7th August 2003, the appellant/accused no. 1 is in jail custody till today.