(1.) The Appellant who stands convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to imprisonment for life by the Additional Sessions Judge, Court Room No.36, City Civil and Sessions Court, Greater Bombay by Judgment dated 26th October, 2005 in Sessions Case No.580 of 2002 by this Appeal, questions the correctness of his conviction and sentence.
(2.) Though the Judgment convicting and sentencing the Appellant is dated 26th October, 2005 the present Appeal was filed by the Appellant after a delay of more than 8 years. A Division Bench of this Court therefore, while admitting the Appeal on 24th October, 2013 directed listing of the Appeal by dispensing with the preparation of the Paper Book. This Court directed that the Appeal be listed for Final hearing in the week commencing from 9th December, 2013. In the light of the fact that the Appeal filed by the Appellant was filed after a delay of more than 8 years, hearing of this Appeal was expedited and though this Appeal is of the year 2014, we have heard and decided this Appeal.
(3.) Facts in brief as are necessary for decision of this Appeal may briefly be stated thus :