GANESH VASUDEO BANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the appellant and the learned A.P.P.

(2.) THE appellant has challenged the Judgment and Order dated 18th January, 2010 passed by the learned Additional Sessions Judge Court No.6, Sewree, Mumbai in Sessions Case No. 771/2008 by way of this present appeal. Vide the said Judgment and Order, the learned Sessions Judge has convicted the appellant for the offence punishable under Section 307 of the Indian Penal Code ('IPC ) and has sentenced him to suffer RI for three years and to pay a fine amount of Rs. 500/ -, in default, to suffer SI for six months. The appellant has also been convicted for the offence punishable under Section 3 r/w Section 25 of the Arms Act and is sentenced to suffer RI for three years and to pay a fine amount of Rs. 500/ -, in default, to suffer SI for six months. Both the aforesaid sentences and the previous sentences passed in Sessions Case No. 716/2008 were directed to run concurrently.

(3.) AT the outset, it may be noted that the present appellant has been convicted and sentenced for the offence punishable under Section 302 of the IPC with imprisonment for life. Apart from Section 302 of the IPC, the appellant was also convicted for the offence punishable under Section 3 r/w 25(I -B)(a) and Section 27 of the Arms Act in Sessions Case No. 716/2008 by the same learned Sessions Judge. The conviction and sentence awarded in Sessions Case No. 716/2008 has been confirmed by this Court in Appeal vide Judgment and Order dated 19th July, 2013.