MURLIDHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Murlidhar Namdeo Thite (hereinafter referred as 'accused') has been prosecuted in Sessions Case No.127/1996 before 2nd Adhoc Additional District & Sessions Judge, Shrirampur under Section 302 of the Indian Penal Code (IPC in brief), but came to be convicted under Section 325 of the IPC and has been sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.5000/-. In default of fine, he has been directed to suffer rigorous imprisonment for one year. Being aggrieved by the conviction and sentence, present appeal was filed.

(2.) The case of prosecution, in brief, is as under :

(3.) Charge sheet was filed in the Court of Judicial Magistrate, First Class, Newasa. The offence being Sessions triable, matter was committed to the Court of Sessions. In the Court of Sessions, prosecution brought on record documentary evidence as well as oral evidence of 13 witnesses. In the Court, defence taken by the accused was of denial. It was claimed that, the complainant is deposing against the accused due to political rivalry.