SHEKHAR CHANDRAKANT NADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 20.02.2007 passed by the learned Additional Sessions Judge & Special Judge for SEBI Act in Sessions Case No. 941 of 2006. 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. 5000/- in default R.I. for two months. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sections 302 and 449 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 acquitted the appellant of the offence under Section 449 of IPC and convicted the appellant under Section 302 of IPC 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 strangulated Mangal and caused her death.