(1.) The Appellant / original accused has preferred this Appeal against the judgment and order dated 18th January 2012 passed by the learned Additional Sessions Judge, Palghar in Sessions Case No.76 of 2010. By the said judgment and order the learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default simple imprisonment for six months.
(2.) The prosecution case briefly stated is as under : Deceased Devu was the husband of P.W.2 Reshmi. Devu had three children viz. Balu, Ankush and the Appellant Prakash, from another wife. Prakash, Balu and Ankush were the stepsons of Reshmi. Devu owned a plot of land. There was a dispute in relation to the said plot in between Devu and the Appellant Prakash. Partition of the said plot took place on 22nd June 2010, yet the Appellant was not happy. On the night of 22nd June 2010, Devu and his wife Reshmi went to sleep on the ota of the house. Ankush i.e. the stepson of Reshmi, wife of Ankush and mother-in-law of Ankush went to sleep inside the house. At about 1 a.m. the Appellant came near Reshmi and Devu. Light was burning on the ota where Reshmi and her husband Devu were sleeping. Prakash gave an axe blow on the left side of neck of Devu and ran away. Reshmi shouted, whereupon P.W.1 Ankush and his wife came out. Blood was oozing from the neck of Devu. He died on the spot. Reshmi then went to the police station and lodged F.I.R. Exhibit 9. Thereafter investigation commenced. After completion of investigation, charge-sheet came to be filed.
(3.) Charge came to be framed against the Appellant under Section 302 of the Indian Penal Code. 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.