MOHD KAMAR ABDUL ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused No. 1 has challenged the Judgment and Order dated 24-3-2005 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 1273 of 1997. By the said Judgment and Order, the learned Sessions Judge convicted the appellant under Section 450 read with Sections 34, and 393,394 read with Section 398 of the Indian Penal Code. For the offence under Section 450 r/w 34 the learned Sessions Judge sentenced the appellant to suffer R.I. for 5 years and fine of Rs. 2000/- in default R.I. for one month. For the offence under Sections 393, 394 r/w 398 the learned Sessions Judge sentenced the appellant to suffer R.I. for 7 years and fine of Rs. 2000/- in default R.I. for one month. The learned Sessions Judge directed the substantive sentence of imprisonment to run concurrently.

(2.) The prosecution case briefly stated is as under :

(3.) Charge was framed against the appellant under Section 450 r/w Sections 34, 393 and 394 read with 34 of the Indian Penal Code, Section 398 I.P.C. and under Section 37(1) (a) read with Section 135 of the Bombay Police Act. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant was of total denial and false implication. After going through the evidence, the learned Sessions Judge convicted and sentenced the accused as stated in paragraph 1 above. Hence this appeal.