SANDIP SAHADEV KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this appeal preferred by the appellant-original accused No.2 challenging the judgment and order of conviction in Sessions Case No. 1043 of 2004.

(2.) The impugned judgment and order was passed by 6th Ad hoc Additional Sessions Judge, City Sessions Court, Sewree Mumbai dated 25th June, 2008. The appellant-accused No.2 was convicted for the offences punishable under Section 302 and also under Section 452 of Indian Penal Code and was sentenced to suffer life imprisonment and one year imprisonment respectively. Also respective fine amounts of Rs.500/- and Rs.100/- were imposed. The substantive sentences were directed to run concurrently. Original accused No.1 was acquitted of the said charges. The State has not preferred any appeal against the acquittal of accused No.1. Being aggrieved by the judgment and order of conviction, appellant-accused No.2 preferred this appeal.

(3.) The prosecution case, briefly stated, is as under :