PANNALAL YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 12th April, 2007, passed by the learned 9th Ad-hoc Additional Sessions Judge, Gr. Mumbai, at Sewree, in Sessions Case No. 580 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 307 of IPC and sentenced him to suffer imprisonment for life. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under section 307 of IPC. The accused 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 assaulted PW 2 Lalbahadur with the knife on the chest and back.