IMTIYAZ ABDUL RAHIM QURESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused has preferred this appeal against the judgment and order dated 23.01.2007 passed by the 5th Ad-hoc Additional Sessions Judge, Sewree in Sessions Case No. 183 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 and fine of Rs. 1000/- IDRI for one year. The prosecution case briefly stated, is as under:

(2.) Charges came to be framed against the appellant under Section 307 of IPC and under Section 25 of Indian Arms Act. 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 assaulted Shivaji with a chopper and caused him four injuries.