EKNATH KRISHNA KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant assails the Judgment and Order dtd. 10/12/2009 passed by the Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No. 778 of 2008. By the impugned Judgment and Order, the Appellant stands convicted for the offences punishable under Ss. 302 and 397 of the Indian Penal Code ('IPC'), 1860. For the offence punishable under Sec. 302 of the IPC, for committing the murder of Anil Vaswani, he is sentenced to suffer imprisonment for life and pay fine of Rs.300.00 in default to suffer rigorous imprisonment ('RI') for three months. For the offence punishable under Sec. 397 of the IPC, he is sentenced to suffer RI for seven years and pay fine of Rs.400.00, in default to suffer RI for four months. Both the sentences are to run concurrently. The Appellant is in jail from 11/8/2008 and is held to be entitled to a set off for the said period already undergone.

(2.) The facts leading to the present Appeal are as follows:

(3.) Mr. Pawan Mali, learned counsel appointed from the Legal Aid Services Panel appeared for the Appellant and Mr. K. V. Saste, learned Additional Public Prosecutor represents the State.