BHUSHAN NARAYAN TANDEL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, original accused no.1, has questioned the correctness of the judgment and order dated 9th August 2007 passed by the 1st Adhoc Additional Sessions Judge, Palghar in Sessions Case No.179 of 2005, thereby convicting the appellant under Section 302 read with Section 34 of the Indian Penal Code and under Section 201 read with Section 34 of Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine further to undergo R.I. for five months for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. As the appellant is convicted and sentenced for offence punishable under Section 302 read with Section 34 of Indian Penal Code, no separate sentence was passed for offence punishable under Section 201 read with Section 34 of Indian Penal Code by the Trial Court.

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

(3.) Heard Mr. A.P. Mundargi, Senior Counsel alongwith Mr. S.V. Marwadi for the appellant and Mr. H.J. Dedhia, the learned APP for the State and with their assistance we have perused the entire record pertaining to the present case.