(1.) Since the learned Counsel appearing on behalf of the appellant in Appeal No.477 of 2006 is absent and had not appeared on earlier dates, I have appointed Ms. Pooja Bhojne to appear as amicus curiae to appear on behalf of the said appellant.
(2.) I have heard the learned Counsel appearing on behalf of both the appellants and the learned APP appearing on behalf of the State at length.
(3.) Appellants have been convicted by the Additional Sessions Judge, Greater Mumbai for the offence punishable under section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/- and in default to suffer rigorous imprisonment for six months. Appellant Kailash Bhagchand Laddad is in jail since 26/10/2004. He was released on bail on 12/11/2008. Appellant Ramdas @ Ramu @ Hemant Parshuram Rahane is in custody since 2/9/2004.