NASRINA EAKBAL PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this appeal, the appellant/original accused has challenged the judgment and order dated 7th Dec, 2006 passed by the Ad hoc Additional Sessions Judge-3, Nashik in Sessions case No. 86 of 2006. By the said judgment and order, the learned Sessions Judge convicted the Appellant under Section 302 of Indian Penal Code (45 of 1860) Code and sentenced her to life imprisonment. The prosecution case briefly stated is as under:

(2.) Charge came to be framed under Section 302 of I.P.C. against the appellant. The appellant pleaded not guilty to the said charge and claimed to be tried. Her defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.

(3.) We have heard the learned counsel for the appellant and the learned APP for the State. We have carefully considered the judgment and order in this case, the arguments of both sides and the evidence in this case. After carefully considering the matter we are of the opinion for the reasons mentioned hereinbelow that the appeal deserves to be allowed.