JAMSHER MOTIRAM VALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard

(2.) This criminal appeal filed by the original accused in Sessions Case No.102 of 1998 is directed against the order of conviction and sentence dated 23.11.2002 passed by the 1st Ad-hoc Additional Sessions Judge, Shahada. The learned 1st Ad-hoc Additional Sessions Judge has convicted the appellant under section 393 on sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/- in default of payment of fine, to suffer simple imprisonment for three months. For the offence punishable under section 397 of Indian Penal Code, the appellant is sentenced to suffer rigorous imprisonment for seven years. No separate sentence is passed for the offence punishable under section 307 of Indian Penal Code.

(3.) In brief, the facts giving rise to the prosecution case are as under: