LAWS(BOM)-2017-4-93

SUBHASH GOPAL JADHAV Vs. STATE OF MAHARASHTRA

Decided On April 20, 2017
SUBHASH GOPAL JADHAV Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The application for suspension of sentence imposed on the appellant/accused and releasing him on bail came to be argued by the learned advocate appointed to represent the appellant/accused at the cost of the State. Upon arguing that the application for suspension of sentence filed by the accused through jail, the learned appointed advocate submitted that arguments advanced by her should be treated as her final arguments in support of the appeal. The learned APP also advanced her arguments and submitted that appeal itself can be disposed of finally in terms of the arguments advanced by her. That is how the appeal itself is being decided finally.

(2.) By this appeal, the appellant/accussed is challenging the judgment and order dated 21st July 2014 passed by the learned Additional Sessions Judge, Greater Bombay, Mumbai, in Sessions Case No.666 of 2012, thereby convicting him of offences punishable under Sections 307 and 498A of the Indian Penal Code, 1860, and sentencing him to suffer rigorous imprisonment for 10 years apart from direction to pay fine of Rs. 10,000.00 and in default to undergo further rigorous imprisonment for 1 year for the offence punishable under Sec. 307 of the Penal Code and to suffer rigorous imprisonment for 3 years for the offence punishable under Sec. 498A of the IPC.

(3.) Facts necessary for deciding the instant appeal are thus: