BANDU SHANKAR KADGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the Judgment and Order dated 22.08.2007 passed by the learned Additional Sessions Judge, Gadhinglaj in Sessions Case No. 1 of 2007. 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 to pay fine of Rs. 5000/- i.d. R.I. for six months. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the accused/appellant under Section 302 of Indian Penal Code for causing death of Antu. The appellant/accused pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Additional Sessions Judge convicted and sentenced the appellant as stated in Para 1 above, hence, this Appeal.

(3.) We have heard the learned Advocate appointed 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 Additional Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant assaulted Antu in Chaloba forest and caused his death.