RAJU SHANKAR KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is preferred against the judgment and order dated 26.8.2008 delivered by the learned Ad-hoc Additional Sessions Judge, Pusad in Sessions Case No. 69 of 2006, whereby the accused was convicted for offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in-default to undergo simple imprisonment for 2 months. The accused was also found guilty of offence punishable under section 404 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 200/- in-default to undergo simple imprisonment for 15 days. Substantive sentence of imprisonment was directed to run concurrently. The facts stated briefly are as under:

(2.) The charge under sections 302 and 404 of the Indian Penal Code was framed at Exh. 5, to which the appellant-accused pleaded not guilty and claimed trial. The defence of the accused was of total denial. According to him, he was falsely involved at the instance of the villagers.

(3.) Prosecution had examined eight witnesses in support of its case. No defence witness was led.