CHHEDILAL @ SHIVA RAMLAL NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused No. 1 has preferred this appeal against the judgment and order dated 29th April, 2011 passed by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 221 of 2009. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302, 307, 324 and 394 read with 397 of Indian Penal Code. For the offence punishable under Section 302 the appellant was sentenced to suffer life imprisonment and fine of Rs. 1000/-, in default, simple imprisonment for six months; for the offence under Section 307, the appellant was sentenced to rigorous imprisonment for seven years and fine of Rs. 1000/-, in default, simple imprisonment for six months; for the offence under Section 324 of Indian Penal Code, the appellant was sentenced to fine of Rs. 1000/-, in default, simple imprisonment for six months; and for the offence under Section 394 read with 397 of Indian Penal Code, the appellant was sentenced to rigorous imprisonment for seven years and fine of Rs. 1000/-, in default, simple imprisonment for six months. The learned Sessions Judge directed both the sentences under Sections 302 to run concurrently. The learned Sessions Judge directed that the sentence for the offence under Section 307 of Indian Penal Code shall commence after the substantive sentences awarded for the offence under Section 302, and the sentence under Sections 394 and 397 shall commence after the expiration of sentence for the offence under Section 307 of Indian Penal Code i.e. the learned Sessions Judge directed that the sentences under Section 307 and 394 read with Section 397 of Indian Penal Code shall run consecutively after both the sentences of imprisonment under Section 302 are over. The prosecution case, briefly, stated, is as under:

(2.) Charge was framed against the appellant original accused No. 1 under Section 302 for causing death of Prakash and Sandeep and under Section 307 for assaulting PW-4 Pankaj and PW-7 Ramvilas with deadly weapons. Appellant Shiva was also charged under Section 394 read with Section 397 of Indian Penal Code. Charge was framed against original accused No. 2 Shravankumar for the offence under Sections 201 and 212 of Indian Penal Code. Accused No. 2 Shravankumar was acquitted of all the charges. However, the learned Sessions Judge, after going through the evidence, convicted and sentenced appellant Shiva as stated in paragraph 1 above, hence this appeal.

(3.) We have heard the learned Advocate for the Appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that appellant Shiva committed the murder of Sandeep and Prakash and also assaulted PW-4 Pankaj and PW-7 Ramvilas with deadly weapons and he also committed robbery of cash and mobile phone and while committing robbery he used deadly weapons.