SUSHIL TANAJI THITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Appeal by accused - Appellant is to the Judgment and Order passed by the learned Sessions Judge, Greater Mumbai in Sessions Case No. 749 of 2013. The State Government has also filed Appeal against the acquittal of Appellant under Sec. 302 of IPC. As both these Appeals are against same Judgment and Order, we have decided these Appeals by this common Judgment.

(2.) The Appellant is convicted for an offence punishable under Sec. 304(I) of the Indian Penal Code, 1860 (for short "IPC") and is sentenced to suffer imprisonment for life. Fine is imposed upon him of Rs.20,000.00, in default of payment of fine to suffer rigorous imprisonment for six months.

(3.) It is the prosecution's case that, on 13/5/2013 at about 10:30 p.m. PW-1 Mr. Mahesh Yadav was chitchatting with his friend Shri. Sunil Gupta (deceased) outside his house. After chitchatting for some time, Sunil went to his house for dinner. When he was returning to his house, on road he met Shri. Sushil Thite, the Appellant. The Appellant told PW-1 Mr. Mahesh that, his mobile was stolen. The Appellant made enquiry with PW-1 Mr. Mahesh where was the house of the boy who was wearing spectacles, with whom he was chitchatting. The Appellant alleged that, the said boy had stolen his mobile. PW-1 Mr. Mahesh told him that, he did not know anything about said boy.