NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON 23rd July, 2015, we had made the following order: - -

(2.) THE appellant was arrested on 19th June, 2004 along with his wife for the offence of commission of murder of Krushnarao Narayanrao Tupe. By the impugned Judgment and Order dated 18th July, 2006, passed by First Ad Hoc Additional Sessions Judge, Chandrapur, in Sessions Case No. 143 of 2004, he was convicted of offence punishable under Section 302, Indian penal Code, and sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs. 5,000 -00, in default, further Rigorous Imprisonment for six months, while his wife was acquitted of the charge under Section 302, Indian Penal Code. The appellant did not prefer any appeal to this Court after his conviction recorded on 18th July, 2006 till the present appeal came to be filed on 28th July, 2015, i.e., after almost nine years. The appeal came up for condonation of delay. Having found that the appellant is in jail for such a long period as a convict and having realized that appeals of such convicts in custody of the year 2006 -07 were already decided, we felt that merely admitting the appeal and posting the same for final hearing after preparation of paper -book would be of no use and, therefore, we called the record immediately. Accordingly, R & P has been received and copies of the depositions etc., have been supplied to both the counsel for the rival parties.

(3.) WE have perused the impugned Judgment and reasons recorded by the learned Trial Judge. With the assistance of the learned counsel for the rival parties, we have perused the entire evidence.