KIRAN ASHOK JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, original accused No.1, has questioned the correctness of the Judgment and Order dated 13 October 2006 passed by the 10th Ad hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.427 of 2006 thereby convicting him for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.15,000/-, in default of the same to suffer rigorous imprisonment for two years. The Appellant has further been convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to suffer rigorous imprisonment for one year. It has been ordered that the said two sentences shall run concurrently.

(2.) The brief facts which have been enumerated from the record can be stated as under :

(3.) After committal of the case to the Court of Sessions, the learned Trial Court framed charge below Exhibit 2 under Section 302 read with 34 of the Indian Penal Code and under Section 37(1)(a) and under Section 135 of the Bombay Police Act. The said charge was read over to the accused persons. The accused persons denied and claimed to be tried.