JUDGMENT

Nishita Mhatre, J. - By this appeal, the accused appellant challenges his conviction and sentence under Sections 394 and 302 of the Indian Penal Code. He has been convicted and sentenced to suffer life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for 10 years for the offence punishable under Section 394 of the Indian Penal Code. Both these sentences are to run concurrently. The accused has been acquitted for the offence punishable under Section 201 of the Indian Penal Code.

2. The prosecution has alleged that on 14.5.2001 at 11.00 a.m., the accused robbed the victim Manjulabai of her gold ornaments worth Rs. 15,000/- by assaulting her. This assault led to Manjulabai’s death. According to the prosecution, the incident occurred in a forest when Manjulabai was returning home after attending the pre-nuptial ceremonies of the son of Kashinath at village Suryamal. According to the prosecution, the accused appellant who was also present at Kashinath’s house to participate in the ceremonies left Kashinath’s house together with Manjulabai at around 10.00 a.m. Manjulabai did not return home that night. Her family though