B.S.CHAUHAN, DIPAK MISRA
Sanjay Ashok Powar – Appellant
Versus
Sanjay Ashok Powar – Respondent
ORDER :
This appeal has been preferred against the judgment and order dated 29.3.2007 passed by the High Court of Bombay in Crl. A. No. 547 of 2003, by way of which it has modified the judgment and order of the Sessions Court, Kolhapur in Sessions Case No. 71 of 2002 dated 11.3.2003, by way of which the appellant stood convicted for the offences punishable under Sections 302 read with 34 and 364 of Indian Penal Code, 1860 (hereinafter referred to as `the IPC') along with others, converting the conviction under Sections 304-II read with 34 IPC and awarded the sentence of 10 years. However, it has set aside the conviction and sentence under Section 364 IPC. The trial court had awarded the sentence under Sections 302 r/w 34 IPC to suffer life imprisonment along with a fine of Rs. 5,000/- each, in default to suffer further RI for one year; and under Section 364 sentence for life imprisonment along with a fine of Rs. 5,000/-, in default to suffer RI for one year. Both the sentences for life imprisonment were directed to run concurrently.
2. Facts and circumstances giving rise to this appeal are that:
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