SURESH BHAGWAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused No. 1 against the judgment and order dated 10.03.2006 passed by the learned II ad hoc Addl. Sessions Judge, Baramati in Sessions Case No. 19 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/- in default R.I. for six months. The appellant is also convicted under Section 201 of IPC and sentenced to R.I. for 3 years and fine of Rs. 500/- IDRI for 3 months. The learned Sessions Judge directed that both the sentences shall run concurrently. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sections 302 of IPC. Charge also came to be framed against the appellant and original accused No. 2 under Section 201 read with 34 of IPC. The appellant and original accused No. 2 pleaded, not guilty to the said charge and claimed to be tried. The defence of the appellant and original accused No. 2 is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted the original accused No. 2 of the offence under Section 201 read with 34 of IPC, however, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 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 Chandrakant with a stone and caused his death.