RAJU ALIAS SUDHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused has preferred this Appeal against the judgment and order dated 3 rd April, 2007 passed by the learned Ad hoc Additional Sessions Judge 1, Wardha in Sessions Trial No.40/2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under section 302 of the IPC for causing death of Chandrakant and under section 323 of the IPC for causing injury to Ravindra. For the offence punishable under section 302, the appellant was sentenced to RI for life and fine of Rs. 1,000/ in default to suffer RI for one month For offence punishable u/s 323 he was sentenced to suffer RI for three months and to pay a fine of Rs.200/ in default, R I for 15 days. The learned Sessions Judge directed that both the substantive sentences of imprisonment shall run concurrently.

(2.) The prosecution case briefly stated, is as under :

(3.) Charge was framed against the appellant/ original accused under section 302 of the IPC. He pleaded not guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge held the accused guilty under section 302 and 323 IPC and punished him as stated in para 1 above, hence, this appeal.