SHAILENDRAKUMAR SATYANARAYAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, appellant / original accused is challenging the judgment and order dated 25.10.2010, passed by the learned Addl. Sessions Judge, Vasai, thereby convicting him of offences punishable under Section 302 of the Indian Penal Code as well as under Section 25(1)(a) read with Section 27 of the Indian Arms Act. For offence punishable under Section 302 of the IPC, the learned Addl. Sessions Judge had sentenced the appellant / accused to suffer life imprisonment and to pay fine of Rs. 5,000/, in default of payment of fine, to undergo further imprisonment for 04 months and for offence punishable under Section 25(1)(a) read with Section 27 of the Indian Arms Act, he was sentenced to suffer rigorous imprisonment for 05 years and to pay fine of Rs. 2,000/, in default of payment of fine, to undergo further imprisonment for 02 months. The substantive sentences were directed to run concurrently.

(2.) Briefly stated, background facts are thus :

(3.) After committal of the case and due trial, the learned Addl. Sessions Judge, Vasai, accepted evidence of the prosecution and held that the prosecution has successfully proved the charges. Accordingly, the appellant / accused was convicted and sentenced as indicated in opening para of this judgment.