ALIULLAH @ ALIKHAN EINULLAH KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 15.2.2010 passed by the learned Principal Judge, City Civil and Sessions Court, Greater Bombay in Sessions Case No. 371 of 2009. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of I.P.C. and sentenced him to life imprisonment. The prosecution case, briefly stated, is as under:--

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

(3.) We have heard the learned appointed advocate for the appellant and the learned A.P.P. for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned counsel for the parties, the judgment delivered by the learned Judge and the evidence on record, we are of the opinion that the appellant assaulted Mehmood Khan with a knife and caused his death.