(1.) The Appellant, who stands convicted for an offence punishable under Sections 364, 302 and 201 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 10,000/-, in default of which to undergo further RI for one year, imprisonment for life and to pay a fine of Rs. 10,000/-, in default of which to undergo further RI for one year and RI for seven years and to pay a fine of Rs. 10,000/-, in default of which to undergo further RI for six months, with a direction that substantive sentences shall run concurrently, by the Additional Sessions Judge, Brihan Mumbai, by Judgment dated 14/07/2000, in Sessions Case No. 600 of 1996, by this Appeal questions the correctness of his conviction and sentence. The Appellant has been convicted by the Trial Court by Judgment dated 14.7.2000. After a delay of 13 years, the Appellant has filed the present Appeal. The delay was condoned by this Court and since the Appellant questioned his conviction which was recorded in the year 2000, this Court directed by order dated 24.10.2013 for listing of the Appeal for final hearing before the Court in the week commencing from 18.11.2013 by dispensing with the preparation of a formal paper-book. The record and proceedings have been called for and accordingly, we have heard the learned Counsel appointed for the Appellant and the learned APP.
(2.) Facts in brief as are necessary for the decision of this appeal may briefly be stated thus:-
(3.) Postmortem on the dead body of deceased Santosh was performed by PW-5 Dr. Umesh Patil, who noted the following injuries:-