(1.) The Appellants and the Revision Applicant in the present matter assail the Judgment and Order dtd. 7/7/2014 passed by the learned Addl. Sessions Judge, City Civil & Sessions Court, Greater Bombay in Sessions Case No.738/2012. By the said judgment, the Appellant-convict ("Sajjad") stands convicted for offenses punishable under Ss. 302, 354 and 449 of the Indian Penal Code, 1860 (for short IPC) and under Sec. 37 (1) (a) read with Sec. 135 of the Bombay Police Act, 1951. For the offense punishable under Sec. 302 of the IPC, Sajjad is sentenced to suffer rigorous imprisonment for life, to mean imprisonment for the remainder of his natural life; for the offense punishable under Sec. 354 of the IPC, he is sentenced to suffer rigorous imprisonment for 5 years with a fine of Rs.3,000.00 and in default to suffer rigorous imprisonment of 6 months; and for the offense punishable under Sec. 37(1) (a) read with Sec. 135 of Bombay Police Act, 1951, he is sentenced to suffer simple imprisonment of 1 year with fine of Rs.5,000.00 in default of which to suffer simple imprisonment for 2 months. All substantive sentences of imprisonment are directed to run consecutively.
(2.) The State of Maharashtra in Criminal Appeal No.678/2014 and the Revision Applicant, the father of the deceased victim, in Criminal Revision Application (St) No.10473/2022, seek enhancement of the sentence to capital punishment. The Appellant in Criminal Appeal No.491/2015 is the sole convict assailing his conviction. Since the Appeals/Revision Application assail the same Judgment and Order, all are being disposed together by this common Judgment and Order.
(3.) The facts of the case giving rise to filing of Appeals can be summarized as under:
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