JUDGMENT :

Swapna S. Joshi, J.

This Appeal takes an exception to the judgment and order dated 26/31st August 2016 decided by the Additional Sessions Judge, Pune in Sessions Case No.64 of 2013, whereby the learned Additional Sessions Judge has convicted the respondent (hereinafter referred as "accused", for the sake of brevity) for the offence punishable under section 302 of the Indian Penal Code and sentenced him to death and pay a fine of Rs.5,000/- in default to suffer R.I. for one year. The convict was ordered to be hanged by neck till his death. The accused was further convicted for the offence punishable under section 307 of IPC and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.10,000/- in default to suffer R.I. for one year. He was also convicted for the offence punishable under section 201 of IPC and was sentenced to suffer R.I. for three years and to pay a fine of Rs.5,000/- in default to suffer R.I. for six months.

2. The factual matrix of the prosecution case is as under :-

On 4th October 2012, Mr. Bajirao Mohite, ACP CID (PW14) who was on duty at Wanawadi Police Station, Pune, at about 7.45 pm, received a message from Police Control Room that theft has taken