SUNIL LADAKU TARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 7.5.2007 passed by the learned IIIrd Additional Sessions Judge, Thane in Sessions Case No. 139 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and to pay a fine of Rs. 100/- in default RI for ten days. The prosecution case briefly stated, is as under:-

(2.) Charge came to be framed against the appellant under section 302 of IPC for causing death of Najuka and under section 498-A for treating his wife with cruelty. The appellant pleaded not guilty to the said charges and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced by the prosecution, the learned Judge acquitted the appellant under Section 498-A of IPC, however, convicted and sentenced the appellant for causing death of his daughter Najuka.

(3.) We have heard the learned counsel 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 his minor daughter Najuka with stick and caused her death.