MOHAMMAD ISMAIL NOORMOHAMMAD MADANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused has preferred this appeal against the Judgment and Order dated 31 st March, 2012 passed by the learned Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi, Goregaon, Mumbai in Criminal Sessions Case No.91 of 2011. The appellant/accused was charged for the ofence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC). He was held guilty and sentenced to sufer life imprisonment and directed to pay fne of Rs.1,000/- and in default, he was directed to sufer simple imprisonment for one month. The impugned judgment is under challenge.

(2.) Brief facts leading to the prosecution of the appellant/accused can be summarized thus :

(3.) In order to bring home the guilt of the appellant/accused, the prosecution has examined in all eight witnesses and also relied on the documentary evidence. The learned trial Court relied on the extra judicial confession made by the appellant/accused to his father-in-law and others. The learned trial court has also relied on the circumstantial evidence and convicted the appellant/accused for life for the ofence punishable under Section 302 of the IPC.