JAVED AKHTAR BASIULLA ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant assails the Judgment and Order dated 7 th February 2017 passed by the Additional Sessions Judge-3, Thane in Sessions Case No.248 of 2014. By the impugned Judgment and Order, the Appellant is convicted for the offence punishable under Ss. 364A and 386 of the Indian Penal Code, ('IPC') 1860. For the offence punishable under Sec. 364A of the IPC, he is sentenced to suffer life imprisonment and pay a fine of Rs.1000.00 in default of which suffer rigorous imprisonment ('RI') for two months. For the offence punishable under Sec. 386 of the IPC, he is sentenced to suffer RI for five years and pay fine of Rs.500.00 in default of which to suffer one month of RI. Both the sentences are to run concurrently. He is also held entitled for set off for the period of detention already undergone. The Appellant is acquitted for the offence punishable under Sec. 25(1)(c)(1-a) of the Arms Act, 1959 and 37(1)135 of the Bombay Police Act, 1951. The said acquittal is on account of absence of the sanction to prosecute him under the Arms Act or any order of the Police Commissioner under the Bombay Police Act being placed on record. There were two other accused in the said offence, one of whom was absconding and the other, a juvenile in conflict with the law and hence, tried separately under the provisions of law, as applicable.

(2.) The case of the prosecution is as follows:

(3.) Mr. B.A. Lawate, learned counsel represented the Appellant and Mr. Aashish Satpute, learned APP represented the State.