SHAIKH YASIR ABDUL MUGNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved with and dissatisfied by the judgment and order of conviction dated 7th June, 1996, passed by the learned Additional Sessions Judge, Nashik in Sessions Case No.143 of 1995, the appellant has preferred this appeal amongst following facts and grounds:

(2.) The appellant has been convicted under Section 302 of the Indian Penal Code (for short 'I.P.C'). He is sentenced to suffer imprisonment for life with fine of Rs.500/-, in default, rigorous imprisonment for six months. He is further convicted and sentenced under Section 397 of the IPC to undergo rigorous imprisonment for two years and a fine of Rs.300/-, in default, to undergo further rigorous imprisonment for six months. For the commission of offence under Section 201 IPC, he is sentenced to undergo rigorous imprisonment for five years with fine of Rs.500/-, in default, to undergo rigorous imprisonment for one year. The substantive sentences of imprisonment were directed to run concurrently.

(3.) The appellant was an engineering student of K.K. Wagh College of Engineering, Nashik. Harpalsingh Gurmukhsingh Chaudhari (for short 'Harpalsingh') who turned to be an approver was his classmate. The appellant was residing in Muslim League Hostel, Nashik whereas Harpalsingh was residing in the college hostel. The appellant had allegedly borrowed Rs.2,000/- from Harpalsingh out of which he could only refund Rs.500/-.