MAHESH THAKUR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was the sole accused in Sessions Case No.977/2015 before the Sessions Judge for Greater Mumbai facing charges of commission of offence punishable under Sec. 302 of the Indian Penal Code. At the conclusion of the trial, by the impugned judgment and order dtd. 5/5/2017, the learned Sessions Judge, Greater Mumbai convicted the Appellant for the offence punishable under Sec. 302 of IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs.10,000.00; and in default to undergo sentence of three months. The amount of fine was directed to be paid to PW-12, who was wife of the victim. In addition, the District Legal Services Authority was directed to grant compensation of Rs.1.00 Lakhs to her in accordance with the scheme under Sec. 357A of Cr.P.C.

(2.) Heard Mr.Shakil Ahmed, learned counsel for the Appellant, Mr. A.A. Palkar, learned APP for the State and Mr. Shailesh Kharat, learned counsel appointed for Respondent No.2.

(3.) The prosecution case is that, in the night of 9th to 10/8/2015 between 1.30 a.m. to 2.45 a.m. at Zenith Building, Keshav Pada, Mulund (West), the Appellant committed murder of one Ganesh Gaur by assaulting him with a toilet-trap.