TIKARAM KRISHNALAL PANDEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 03.07.2006 passed by the learned Additional Sessions Judge, Sessions Court, Greater Bombay in Sessions Case No. 76 of 2004. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 324 of IPC and sentenced him as follow:-

(2.) The prosecution case briefly stated, is as under:

(3.) Charge came to be framed against the appellant under Section 302 of IPC for causing the death of Murugan and Section 324 of IPC for causing injuries to PW 2 Mallika. 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. His further defence is that he was not sane at the time when the incident took place, hence, his case would be covered under Section 84 of IPC. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.