ANIL RAMCHANDRA PARAB Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is preferred by the appellant -original accused against the judgment and order dated 6.11.2006 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 284 of 1986 @ 226 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 307 of IPC, under Section 3 read with Section 25(1B)(a) and under Section 5 read with Section 27(1) of Indian Arms Act. For the offence under Section 307 of IPC, the appellant has been sentenced to life imprisonment. For the offence under Section 3 read with Section 25(1B)(a) of the Indian Arms Act, the appellant has been sentenced to imprisonment for two years and fine of Rs. 2,000/ - in default S.I. for three months. For the offence under Section 5 read with Section 27(1) of the Indian Arms Act, 1959, the appellant has been sentenced to imprisonment for five years and fine of Rs. 5,000/ - in default S.I. for six months.

(2.) THE prosecution case, briefly stated, is as under:

(3.) WE have heard Senior Advocate Shri. Shirish Gupte the learned counsel for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned counsel for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the below mentioned reasons, we are of the opinion that the appellant has committed an offence under Section 307 of IPC, under Section 3 read with Section 25(1B)(a) and under Section read with Section 27(1) of Indian Arms Act.