CHANDRAKANT ALIAS BANDU SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer R.I. for life and to pay fine of Rs. 1000/ i.d. to suffer R.I. For 2 years in Sessions Case No. 196 of 1991 by Sessions Judge, Pune by Judgment and Order dated 10 th September, 1991.

(2.) Being aggrieved by the said Judgment, the Appellant herein has preferred the present Criminal Appeal. By an Order dated 20 th January, 1991, the substantive sentence imposed upon the Appellant was suspended by this Court. However, since the Appellant had chosen to remain absent, warrant was issued for obtaining presence of the Appellant at the final hearing of the Appeal. The Appellant was taken into custody on 24 th July, 2012. Hence, the present Appeal is being heard as a jail Appeal.

(3.) Such of the facts which are necessary for the decision of this Appeal are as follows :