AJAY RAM PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Appeal challenges the Judgment and Order dtd. 25/3/2015 passed by the learned Additional Sessions Judge, Pune (for short "Trial Court") in Sessions Case No.34 of 2012 convicting Appellant under Sec. 235(2) of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") of offence punishable under Sec. 302 of the Indian Penal Code (for short "IPC") and sentenced to undergo imprisonment for life and to pay fine of Rs.100.00.

(2.) Prosecution case is as under:-

(3.) Statement of witnesses were recorded and after completing investigation on 28/11/2011, chargesheet was filed in the Court of Judicial Magistrate First Class, Cantonment Court. Since offence under Sec. 302 IPC is exclusively triable by the Court of Sessions, case was committed to Sessions Court for trial. Charge was framed vide Exh.2 against Appellant. Its contents were read over and explained to him in vernacular to which he pleaded not guilty and claimed to be tried; his defence was of total denial.