SHIVAJI RAJENDRA JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused addressed a letter to this court which is registered as Criminal Application No.1449 of 2017. Vide this communication, the frustrated appellant has communicated to this court that he is arrested by Sangavi Police Station on 8th March 2012 in the subject crime and is languishing in the jail since then and his appeal is not taken up for final hearing. He has served major part of the sentence imposed upon him. Considering these recitals in the communication of the appellant/accused, it is seen that he has undergone sentence of imprisonment for more than 6 years. That is how, the appeal itself is taken up for final hearing.

(2.) The appellant/accused came to be convicted by the learned Additional Sessions Judge, Pune, vide judgment and order dated 16th March 2015 in Sessions Case No.446 of 2012 for offences punishable under Sections 307, 326, 452, 506(ii) of the Indian Penal Code and under Sections 37(1) read with 135 of the then Bombay Police Act. For offences punishable under Sections 307, 326, 452 and 506(ii) of the Indian Penal Code, the appellant/accused is sentenced to suffer imprisonment for 7 years apart from payment of fine of Rs. 5,000/-, and in default, to undergo further imprisonment for 1 year, on each count. For the offence punishable under Section 37(1) read with 135 of the then Bombay Police Act, he is directed to suffer imprisonment for 1 year apart from payment of fine of Rs. 5,000/-, and in default, he is sentenced to suffer imprisonment for 1 month. Feeling aggrieved by this judgment and order dated 16th March 2015, this appeal by the convict.

(3.) Facts leading to the prosecution of the appellant/accused can be summarized thus :