ALLAUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant Appeal questions legality of the Judgment and Order dtd. 13/3/2013 delivered by the Additional Sessions Judge, City Sessions Fast-Track Court, Sewree, Greater Mumbai in Sessions Case No. 660 of 2011, convicting the Appellant under Ss. 302 of the Indian Penal Code, 1860 (for short "IPC") and sentencing him to undergo imprisonment for life and fine of Rs.5,000.00, in default to suffer rigorous imprisonment for six months. Originally trial commenced against accused No.1 - Allauddin and accused No.2 - Sallauddin (elder brother of the accused), however the trial court by the impugned judgment acquitted accused No.2 of all offences and convicted the Appellant i.e. accused No.1, Allauddin.

(2.) Relevant facts as such are necessary for deciding the present Appeal are as follows:

(3.) After completion of investigation IO submitted chargesheet before the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai. As the offences were exclusively triable by the Court of Sessions, the learned Additional Chief Metropolitan Magistrate, after complying with the mandatory provisions under Ss. 207 and 209 of the Code of Criminal Procedure, 1973 (Cr.P.C.) committed the case to the Court of Sessions for trial. Charge was framed and read out to accused in vernacular, he denied the charge, pleaded not guilty and claimed to be tried.