NAVNATH RAMCHANDRA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 363, 354, 307 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and fine of Rs. 1,000/- I.d. to suffer R.I. for 3 months for the offence punishable under section 363 of the IPC, sentenced to suffer R.I. for 2 years and to pay fine of Rs. 1000/- I.d. to suffer imprisonment for one month for offence punishable under section 354 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs. 1000/- I.d. to suffer imprisonment for 3 months for offence punishable under section 307 of the Indian Penal Code, by District Judge-5 and Additional Sessions Judge, Thane, vide Judgment and Order dated 27/6/2014 in Sessions Case No. 429 of 2008. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :

(3.) The case rests on the evidence of P.W. 4, P.W.1, P.W.7, P.W.8 and P.W. 9. The learned Counsel for the appellants submits that since the investigating officer had died during the pendency of the trial, he could not be examined. P.W. 6 Prakash Nilewar has been examined to prove the papers of investigation.