ROSHAN ANANT SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offence punishable under sec. 302, 460, 392 and 201 of the Indian Penal Code by the Sessions Judge, Sindhudurg-Oros vide Judgment and Order dtd. 21/12/2013 in Sessions Case No. 20 of 2013. The appellant is sentenced to suffer life imprisonment and to pay fine of Rs.500.00 in default to suffer R.I. for one month, for the offence punishable under sec. 302 of the Indian Penal Code. The appellant is sentenced to suffer R.I. of five years and to pay fine of Rs.500.00 in default to suffer R.I. for one month, for the offence punishable under sec. 460 of the Indian Penal Code. The appellant is further sentenced to suffer R.I. for five years and to pay fine of Rs.500.00 in default to suffer R.I. for one month, for the offence punishable under sec. 392 of the Indian Penal Code. The appellant is also sentenced to suffer R.I. for one year and to pay fine of Rs.500.00, in default to suffer R.I. for one month, for the offence punishable under sec. 201 of the Indian Penal Code. Hence, these appeals.

(2.) Such of the facts necessary for the decision of this appeal are as follows:

(3.) P.W. 1 Arun Jogale has proved the contents of FIR which is marked as Exh. 14. He has also identified the ornaments adorned by the deceased. It is elicited in the cross examination that his mother in law the deceased Alkamai was residing at a distance of 6 to 7 km. from his house. Her source of income was from the agricultural yield and pension amount received by her under the scheme "Sanjay Gandhi Niradhar Yojana ". The construction work of the house of the deceased was in progress. After the demise of Alkamai, the construction work was stalled. According to him, he had given the weight and value of the golden ornaments as he had seen the said ornaments on the person of Alkamai.