PRAMOD PAPPU SUMERSINGH ROY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (accused) has challenged judgment and order of conviction and sentence dtd. 7/11/2020 passed by learned Additional Sessions Judge-2, Nagpur in Sessions Trial No.11/2016 whereby learned Judge below convicted the accused for offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine Rs.10,000.00 and in default of payment of the fine amount to suffer simple imprisonment for six months. However, learned Judge below acquitted the accused of offence punishable under Sec. Sec. 201 of the Indian Penal Code.

(2.) The case of the prosecution as emerges from police papers and evidence recorded, in brief, can be summarized, as follows:

(3.) As the offence punishable under Sec. 302 of the Indian penal Code is exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class committed the case to the Court of Sessions for trial. The charge was framed against the accused vide Exhibit-6 and the accused pleaded not guilty and claimed to be tried.