SHIVAJI KISAN GANDUGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant faced trial in Sessions Case No.9 of 2001 before the learned Additional Sessions Judge, Greater Bombay (hereinafter referred to as the learned "Trial Judge"). By judgement and order dated 29.9.2004 passed by Ld. Trial Judge, the appellant was convicted under Section 302 r/w.Section 34 of the Indian Penal Code and the appellant was to undergo imprisonment for life and to pay fine of Rs.3,000/- and to undergo imprisonment for 2 months i/d. of payment of fine.

(2.) Being aggrieved by the aforesaid judgement and order of conviction and sentence dated 29.9.2004, the appellant has filed the present appeal.

(3.) The prosecution case in gist is as under :-