RAJARAM BAIJANATH BHARATI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this Appeal, the Appellant/original accused has challenged the judgment and order dated 19th January, 2005, passed by the learned Additional Sessions Judge Greater Bombay in Sessions Case No. 414 of 2002. By the said judgment and order, the learned Sessions Judge convicted the Appellant under Sections 302, 452 of the Indian Penal Code (I.P.C.) and Section 37 read with Section 135 of the Bombay Police Act. For the offence punishable under Section 302 of I.P.C., the Appellant was sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000/- (Rs. two thousand) in default, S.I. for two months. For the offence punishable under Section 452 of Indian Penal Code, he was sentenced to S.I. for 7 years and to pay fine of Rs. 500/- (Rs. five hundred) in default, S.I. for one month and for the offence punishable under Section 37 read with Section 135 of the Bombay Police Act, he was sentenced to imprisonment for one year. The learned Sessions Judge direct that all the substantive sentences shall run concurrently. The prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the Appellant under Sections 302 and 452 of Indian Penal Code (I.P.C.) and under Section 37 read with Section 135 of the Bombay Police Act. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. His further defence is that he caused the death of Nazira and Yulumali on account of grave and sudden provocation. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No. 1 above, hence, this Appeal.

(3.) We have heard Dr. Yug Mohit Choudhary, the learned Advocate for the Appellant and the learned A.P.P. for the Respondent - State. We have carefully perused the judgment and order as well as the evidence in this case and also considered the defence of the Appellant. After carefully considering the matter, we are of the opinion that the learned Sessions Judge has rightly come to the conclusion that the Appellant caused death of Nazira and Yulumali by assaulting them with knife.