RAJESHMUKAR KUNJBIHAARI DWIVEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, original accused has challenged the judgment and order dated 31st August 2007 passed by the Additional Sessions Judge, Sessions Court, Greater Mumbai in Sessions Case No.392 of 2003 thereby convicting the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay fine of Rs.500/-. In default of payment of fine to further undergo rigorous imprisonment for one month. The appellant has further been convicted under Section 449 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.300/- and in default of payment of fine to further undergo rigorous imprisonment for 15 days. The appellant has also been convicted for the offence punishable under Section 397 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years. The Trial Court has directed that all the sentences of imprisonment shall run concurrently.

(2.) The facts which can be enumerated from the record and are necessary to decide the present appeal can briefly be stated thus:

(3.) Heard Mrs. Nasreen S.K. Ayubi, Advocate appointed for the appellant and Ms. R.M. Gadhvi, the learned APP for the State and with their assistance we have perused the entire record pertaining to the present case.