VIKAS SURESH PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant / original accused has preferred the present Appeal against the impugned judgment and order dated 12th March 2012 passed by the Additional Sessions Judge, Mangaon, District Raigad in Sessions case No.18 of 2011 thereby convicting the Appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo rigorous imprisonment for one year. The Appellant has been further convicted for the offence punishable under Section 506 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.500/- and in default of payment of fine to suffer simple imprisonment for one month. The Trial Court has directed that the punishment awarded to the Appellant on both the counts to run concurrently. The Appellant by the present Appeal has questioned the correctness of his conviction and sentence.

(2.) The facts which are enumerated from the record can briefly be stated thus :

(3.) The Judicial Magistrate First Class, Mangaon committed the said case to the Court of Sessions, Mangaon, District Raigad as the offence punishable under Section 302 of the Indian Penal Code was exclusively triable by the Court of Sessions. The Trial Court framed a charge below Exhibit 5 against the Appellant for the offences punishable under Sections 302 and 506 of the Indian Penal Code. The said charge was read over to the Appellant and was explained to him in Marathi / vernacular language. The Appellant pleaded not guilty and claimed to be tried. The defence of the Appellant was of total denial and false implication. The Trial Court after recording the evidence and after hearing the parties to the said case was pleased to convict the Appellant as stated herein above.