ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 25.04.2011 passed by the Sessions Judge, Thane in Sessions Case No. 358 of 2007. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Section 307 of IPC and sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default simple imprisonment for 3 months. The learned Sessions Judge directed that the substantive sentences of imprisonment shall run concurrently. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Section 302 of IPC for causing the death of Chandrashekhar and Section 307 of IPC for causing injuries to PW4 Ravindra. 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 had caused the death of his brother Chandrashekhar and during the incident, the appellant also caused injuries to his nephew PW4 Ravindra.