BHIKU RADKA KARELA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, original accused, has preferred this appeal against the judgment and order dated 1st September 2012 passed by the learned Additional Sessions Judge, Palghar in Sessions Case No. 21 of 2010. By the said judgment and order, the learned Additional Sessions Judge convicted the appellant under Sections 302 of IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs. 5000/ -, in default, R.I. for one month.

(2.) THE prosecution case briefly stated, is as under:

(3.) WE have heard Mrs. Jakhade, the learned Advocate for the appellant and Smt. Bhonsale, the learned APP for the respondent -State. We have carefully considered their arguments, the judgment and order passed by the learned Sessions Judge and the evidence in this case. After carefully considering the matter, for the below mentioned reasons, we are of the opinion that the appellant assaulted Jivya with an axe and caused his death.