EKNATH KRISHNA KADAM vs THE STATE OF MAHARASHTRA

Judgment text excerpt

901-APEAL-1007-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1007 OF 2018 Eknath Krishna Kadam Age: 27 years, Occ.: Residing at Room No.3, Nidhi Niwas, Siddharath Nagar, Gaondevi Road, Bhandup (W), Mumbai (At present accused lodged in Nashik ....Appellant/Applicant Road Central Prison, Nashik) (Orig. Accused) Versus The State of Maharashtra Through Police Inspector Versova Police ...Respondent Station, Mumbai C.R. No.221/2008. (Orig. Complainant) Mr. Pawan Mali, (Appointed through Legal Aid Services), for the Appellant/Applicant. Mr. K. V. Saste, Additional Public Prosecutor, for Respondent-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 9th APRIL 2025 PRONOUNCED ON : 24th APRIL 2025 JUDGMENT (Per Dr. Neela Gokhale, J.) :- 1. The Appellant assails the Judgment and Order dated 10 th December 2009 passed by the Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No. 778 of 2008. By the impugned Judgment and Order, the Appellant stands convicted for the offences Shivgan 1/22 901-APEAL-1007-2018.doc punishable under Sections 302 and 397 of the Indian Penal Code (‘IPC’), 1860. For the offence punishable under Section 302 of the IPC, for committing the murder of Anil Vaswani, he is sentenced to suffer imprisonment for life and pay fine of Rs. 300/- in default to suffer rigorous imprisonment (‘RI’) for three months. For the offence punishable under Section 397 of the IPC, he is sentenced to suffer RI for seven years and pay fine of Rs. 400/-, in default to suffer RI for four months. Both the sentences are to run concurrently. The Appellant is in jail from 11 th August 2008 and is held to be entitled to a set off for the said period already undergone. 2. The facts leading to the presen