MUKA BIREN RATHOD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was prosecuted on the allegation of having committed offences punishable under Sections 307 of the Indian Penal Code (For short, "IPC"), 457 of the IPC, 380 of the IPC and 511 of the IPC. The Adhoc Additional Sessions Judge, after holding a trial, sentenced the appellant to suffer Rigorous Imprisonment for 10 years and to pay a fine of Rs.5,000/ with respect to the offence punishable under Section 307 of the IPC, to suffer Rigorous Imprisonment for 7 years and to pay a fine of Rs.3,000/ with respect to the offence punishable under Section 457 of the IPC, and to suffer Rigorous Imprisonment for 7 years and to pay a fine of Rs.3,000/ with respect of the offence punishable under Section 511 of the IPC. The learned Judge directed that an amount of Rs.5,000/ from out of the amount of fine, be paid to the First Informant as compensation. Being aggrieved by his conviction and the sentences imposed upon him, the appellant has approached this Court, by filing the present appeal.

(2.) The prosecution case, as put forth before the trial Court, can be best gathered from the First Information Report lodged by Nitin Suryawanshi a police Head Constable attached to Lonavala City Police Station, at the material time. It is, in brief, as follows :

(3.) The Inquiries Made With The Appellant By The Police revealed that a motorcycle, in the dicky of which certain properties i.e. an idol of white metal of Lord Ganapati, a crown and a chain of white metal, and cash 'approximately' of Rs.1,000/, consisting of currency notes and coins, had been kept, was parked there. Suryawanshi then lodged a report which was treated as the First Information Report, on the basis of which a case in respect of offences punishable under Sections 457 of the IPC, 380 of the IPC and 511 of the IPC came to be registered.