(1.) Confirmation Case No. 2/12 and Criminal Appeal No. 376/12 are being disposed of by common judgment since they arise out of judgment and order dated 30.5.2012 passed by Adhoc Additional Sessions Judge1, Nagpur in Sessions Trial No. 461/11 by which the appellant in Criminal Appeal No. 376/12 (hereinafter referred to as "the accused") has been convicted for the offence punishable under Sections 302 & 309 of Indian Penal Code and sentenced to death and to pay a fine of Rs.3,00,000/ (Three Lakhs) and in default to suffer R.I. for five years for the offence punishable under Section 302 of Indian Penal Code and to suffer R.I. for one year and to pay a fine of Rs.500/, in default to suffer S.I. for one month for the offence punishable under Section 309 of Indian Penal Code. Out of the fine amount if recovered, amount of Rs.2,50,000/ was ordered to be forwarded to the District Legal Aid Committee and Rs.50,000/ to State of Maharashtra.
(2.) Briefly, the case of the prosecution is as under :
(3.) The accused pleaded not guilty and claimed to be tried. His defence is of total denial. In Sessions Case No. 461/11 the prosecution examined 20 witnesses and produced several documents to prove the charges against the accused. The statement of the accused under Section 313 of the Criminal Procedure Code was recorded. The accused did not lead any evidence.
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