VIJAY BAPU KAMBLE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 10007 -, in default of which to undergo further RI for six months, by the 7th Ad -hoc Additional Sessions Judge, Sewree, Mumbai, by judgment dated 13/04/2007, in Sessions Case No. 220 of 2006, by this appeal questions the correctness of his conviction and sentence. Facts, as are necessary for the decision of this appeal, may briefly be stated thus: -

(2.) ON committal of the case to court of Sessions, the trial court vide Exh. 5 framed charge against the appellant for offence punishable under Section 302 of the IPC. The appellant denied his guilt and claimed to be tried. The prosecution, in support of its case, examined 13 witnesses. The defence of the appellant was of denial. The trial court upon appreciation of the evidence, convicted and sentenced the appellant as afore -stated.

(3.) IN order to effectively deal with the submissions advanced by Mrs. Anita Agarwal, the learned counsel for the appellant and Mrs. U.V. Kejriwal, the learned APP for the State, it would be useful to refer to the evidence of the prosecution witnesses.