NASIR YUSUF SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an Appeal filed by the appellant (here-in-after referred to as the accused) seeking to quash and set aside a Judgment and order passed by the Additional Sessions Judge, Pune on 27. 05. 1988 in Sessions Case No. 380/87, convicting him for an offence punishable under Section 302 of the IPC and sentencing him to suffer imprisonment for life.

(2.) THE brief facts of the prosecution case are as under :-

(3.) THE defence of the accused as can be gathered from the suggestions put to the witnesses and from his 313 statement was of total denial. He contended that on 19. 3. 1987 he was not at Pashan where the incident had taken place but had gone to Kasar-wadi alongwith his mother and cousin sister. They had left Pashan at 9. 30 A. M. in the morning and reached kasar-wadi to attend the engagement ceremony of his cousin brother. That after the programme was over, they all returned back at about 6. 00 P. M. He left his mother and wife at his NCL quarters and went back to Pashan to leave his cousin sister. At that time, he was accosted by the police. He denied that the clothes and knife seized by the police belonged to him.