YOGESH DINESH BHARADWAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted by the judgment and order dated 16th June, 2005, of Second Additional Sessions Judge, Thane, in Sessions Case No.142 of 2004, for the offence punishable under Section 302 and 201 of Indian Penal Code, and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/, in default to suffer rigorous imprisonment for one year and rigorous imprisonment for 3 years and to pay fine of Rs.3,000/ in default to suffer rigorous imprisonment for six months, respectively; by this appeal, challenges his conviction and sentence.

(2.) As by the said judgment and order itself, the appellant is acquitted, for the offence under Section 498A of Indian Penal Code, being aggrieved thereby the original complainant has preferred Revision Application, for setting aside the said order of acquittal and also for enhancement of sentence of appellant from life imprisonment to death penalty.

(3.) Brief facts of the appeal and Revision Application, can be stated as follows: