LAXMAN MAHADU VARGUDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant - original accused against the judgment and order dated 15.02.2012 passed by the learned Additional Sessions Judge, Mangaon, Dist. Raigad in Sessions Case No. 25 of 2011. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Sec. 302 of IPC and sentenced him to suffer life imprisonment and pay fine of Rs. 500/ -, in default rigorous imprisonment for six months. The appellant was also convicted for the offence punishable under Sec. 436 of IPC and sentenced to suffer rigorous imprisonment for five years and fine of Rs. 1,000/ - in default rigorous imprisonment for one year. The learned Sessions Judge directed that both the sentences awarded to the appellant shall run concurrently. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Ss. 302 and 436 of IPC. The appellant/accused pleaded not guilty to the said charge and claimed to be tried. His defence was 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 Yamuna with kicks on her abdomen which has resulted in the death of Yamuna.