YAKINALI NASIRALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has challenged his conviction under sec. 302 of the Indian Penal Code by the Additional Sessions Judge, Thane on 23/11/2011 in Sessions Case No.246 of 2010 for having committed murder of one Akbar Sardar Khan. The learned Additional Sessions Judge apart from sentencing him to life imprisonment, imposed fine of Rs.5,000.00 , in default, to suffer rigorous imprisonment for six months.

(2.) Before adverting to the facts of the case, it is to be noted that during pendency of this appeal, the appellant had absconded from Central Prison, Kolhapur when he was released on parole. There is a standing non bailable warrant against him till date.

(3.) Factual matrix in a nutshell can be stated as under;