JUDGMENT :

AMIT B. BORKAR, J.

By this appeal, accused No. 1 challenges judgment and order dated 4-12-2017 passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 412/2014, whereby the appellant is convicted and sentenced in the manner stated herein below :-

(i) Under section 364-A read with section 34 of the Indian Penal Code to undergo imprisonment for life and to pay fine of Rs. 15,000/- and in default to suffer further rigorous imprisonment for a period of one year.

(ii) Under section 363 read with section 34 of the Indian Penal Code to undergo imprisonment for 7 years and to pay fine of Rs. 3,000/- and in default to suffer further rigorous imprisonment for a period of six months.

2. The prosecution case in short is as under :-

Sau. Vandana Manoj Vairagade (PW1) lodged report with Police Station Ajni, Nagpur on 27-6-2014 (Exh.26) alleging that accused No. 1/appellant is good friend of her husband- Manoj Vairagade (PW5), as they were classmates at Nagpur. Accused No. 1-Atul Kate is husband of accused No. 2-Vishakha Kate and both are residing at Goa. It is alleged that accused Nos. 1 and 2 came to Nagpur before 15 days prior to the date of incident. It is alleged that on