SHAIKH HARUN SHAIKH CHHOTU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction by the learned Additional Sessions Judge, Nashik for offences punishable under Sections 326 and 452 of the Indian Penal Code (for short, "IPC") and sentences of rigorous imprisonment for four years with fine of Rs. 2,000/- and one year with fine of Rs. 500/- imposed upon the appellant upon conclusion of Sessions Case No. 234 of 1992 before him. The facts which are material for deciding this appeal are as under:-

(2.) In the course of the investigation the police performed panchnama of the spot and seized the blood stained clothes of the victim. They recorded statements of the witnesses. The appellant was absconding. Charge-sheet was filed against the appellant showing him as an absconder. He secured anticipatory bail. Eventually, the case was committed to the Court of Sessions at Nashik.

(3.) The learned Additional Sessions Judge to whom the case was made over, charged the appellant of offences punishable under Sections 452 and 307 of the IPC. Since the appellant pleaded not guilty, he was put on trial at which the prosecution examined in all seven witnesses in its attempt to bring home the guilt of the appellant. After considering the prosecution evidence in the light of defence of false implication, the learned Judge convicted and sentenced the appellant, as aforementioned. Aggrieved thereby, the appellant is before this Court.