SUKHCHAND SOVINDA NANHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the appellant/original accused, (hereinafter referred to as accused) against the judgment and order of conviction, dated 12th of December, 2000, recorded by the learned additional Sessions Judge, Gondia in Sessions Trial No. 29 of 1997, convicting the accused for having committed an offence punishable under s. 302 of I. P. C. and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000. 00, in default, further R. I. for six months and cancelling the bail bonds of the accused.

(2.) ON 16th February, 2001, we have issued notice to the Respondent/ state. Today we heard learned counsel for the accused and learned a. P. P. for the State and we admitted the appeal and by consent of both the sides, the appeal is taken up for final hearing.

(3.) SHRI Daga, learned counsel for the accused, made only one submission that the accused was not given sufficient opportunity to defend his case, which according to us, is sufficient ground to consider the merits of the present appeal and for that purpose we may refer to para No. 7 of the judgment, where in the learned Sessions Judge has observed thus:-