SANJAY MADHUKAR SATAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused has preferred this appeal against the judgment and order dated 31st July, 2006 passed by the 2nd Ad-hoc Additional Sessions Judge, Thane, in Sessions Case No. 206 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of Indian Penal Code and sentenced him to suffer imprisonment for life and fine of Rs. 5000/-, in default, rigorous imprisonment for one year. The prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Section 302 of IPC. 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 the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant assaulted his mother Suhasini on the head with a wooden log and caused her death.