SAMIR NIJAM LANDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried in the court of the III additional Sessions Judge, at Kolhapur in Sessions case No. 187 of 2000 for offences punishable under section 394 and 302 of the Indian Penal Code ("i. P. C. " for short ). By his judgment and order dated 31/8/2001, the learned Sessions Judge convicted the appellant-accused for the offence punishable under Section 302 of the I. P. C. and sentenced him to suffer imprisonment for life and to pay fine of Rs. 200/- in default to suffer R. I. for one month.

(2.) THE appellant was further convicted for the offence punishable under Section 394 of the I. P. C. and sentenced to suffer R. I. for 2 years and to pay fine of Rs. 200/- in default to suffer R. I. for one month. The substantive sentences were ordered to run concurrently. Being aggrieved by this judgment and order, the appellant has preferred this appeal.

(3.) SHORTLY stated the prosecution case is that deceased Khanderao Kerba Vhatkar was serving in shahu Co-operative Sugar Factory, Kagal as a peon. He was residing in a room at the back of Yashodhan hostel, Nagala Park. He was unmarried and was staying alone. Complainant Jeevan Jaywant Kamble was also residing at Nagala Park.