OMPRAKASH @ GUDDU MUNNA YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 5000/- in default to undergo RI for three months, by the Additional Sessions Judge, Greater Bombay, by judgment dated 6/7/2004, in Sessions Case No. 320 of 2002, by this appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this appeal may briefly be stated thus:--

(2.) On committal of the case to the Court of Sessions, trial Court vide Exh. 2 framed charge against the appellant for offence punishable under Section 302 of the IPC. The appellant denied his guilt and claimed to be tried. Prosecution, in support of its case, examined eight witnesses. The trial Court by placing implicit reliance on the testimony of PW 6 - Santosh, convicted and sentenced the appellant as afore stated.

(3.) In order to effectively deal with the submissions advanced before us by Mr. Arfan Sait, learned counsel appointed for the appellant and the learned APP, it would be useful to refer to the evidence of the prosecution witnesses.