GANESH NARAYAN KINDRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for offence punishable under Sections 302, 364 and 201 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default of which to undergo RI for six months, RI for five years and to pay a fine of Rs. 2000/-, in default of which to undergo RI for three months and RI for two years and to pay a fine of Rs. 1000/-, in default of which to undergo RI for one month, with a direction that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Pune, by judgment dated 12/05/2014, in Sessions Case No. 471 of 2009, by this appeal questions the correctness of his conviction and sentence. This court by its order dated 3/9/2014, while hearing Criminal Application No. 896 of 2014, filed by the appellant, seeking his enlargement on bail, acceded to the request of the appellant for expediting the hearing of the appeal and accordingly directed that a formal paper book be dispensed with as the skeleton paper book had been filed by the appellant and directed that the appeal be added to the final hearing board on 11/9/2014 along with record and proceedings. Accordingly, this appeal was listed for final hearing before this court and the appeal was heard.

(2.) Facts in brief, as are necessary for the decision of this appeal, may be stated thus:-

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 3, framed charge against the appellant for offence punishable under Sections 364, 302 and 201 of the IPC. The appellant vide his statement at Exh. 5 denied the charge and claimed to be tried. Prosecution in support of its case, examined 22 witnesses. The defence of the appellant was of denial. The Trial Court, upon appreciation of the evidence, convicted and sentenced the appellant as afore-stated.