SHARAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused has preferred this appeal against the judgment and order dated 26.8.2008 passed by the learned Additional Sessions Judge, Solapur in Sessions Case No. 8 of 2007. By the said order, the learned Sessions Judge convicted the appellant u/s 302 of the Indian Penal Code and u/s 404 of the Indian Penal Code. For the offence u/s 302 of the Indian Penal Code, the appellant was sentenced to R.I. for life and fine of Rs. 1000/- and for the offence u/s 404 of the Indian Penal Code, the appellant was sentenced to R.I. for one year and fine of Rs. 200/-. The prosecution case briefly stated is as under:

(2.) Charge came to be framed against the appellant - original accused u/s 302 of the Indian Penal Code and u/s 404 of the Indian Penal Code. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant 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 para 1 above. Hence, this appeal.

(3.) We have heard the learned Advocate for the appellant and learned A.P.P. for the State. We have carefully considered their arguments, the judgment and order passed by the learned Sessions Judge and the evidence on record. After minutely considering the same, we are of the opinion that the appellant caused the death of Sunita by assaulting her with a stone and by strangulating her and thereafter the appellant has robbed the ornaments of Sunita.