(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 12.07.2006 passed by the learned 3rd Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No. 678 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 309 of IPC and sentenced him as follow:-
(2.) Charge came to be framed against the appellant under Sections 302 and 309 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 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 stabbed Kalpana with a knife and caused her death.