VILAS NIVRUTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal, which is being taken up by us in an unusual circumstance, as we are constrained to decide this appeal in the absence of any record. Only a copy of the judgment of the trial Court and roznama are available to this Court.

(2.) The accused had been convicted under Section 302 of the Indian Penal Code read with Section 201 and sentenced to imprisonment for life and a fine of Rs.10,000 and in default, he has to undergo further sentence of rigorous imprisonment of 6 months. Under Section 201 of the I.P.C., he had been sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000, and in default of fine, he had to undergo rigorous imprisonment for a period of three months.

(3.) Before we start with the facts of this case, it will be pertinent to note that the appellant had been convicted by the trial Court on 2nd July, 1999. The incident had taken place on 24th May, 1995, and the appellant had been arrested on 28th May, 1995. During the trial, he remained in custody, and was not bailed out, and after the conviction, he is seivirg the sentence. Therefore, from May, 1995, he remained continuously in custody and/or in jail for more than three years till recently when this Court ordered that he should be released on bail. In a way, the appellant has already served the sentence, which was awarded to him by the learned Sessions Judge.