SAHEBRAO LUKDU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant - Sahebrao Lukdu Jadhav (Original Accused No.2), who stands convicted for an offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay fine of Rs.5000/-, in default of the payment to undergo simple imprisonment of one year, by Additional Sessions Judge-1, Malegaon by judgment dated 31 August 2008, in Sessions Case No.143 of 2006, challenges his conviction and sentence.

(2.) It appears that the original accused no.1-Kishor Sahebrao Jadhav was also convicted for an offence punishable under Section 177 of IPC and was sentenced to SI for two years and to pay fine of Rs.1000/-, in default of payment of fine, to undergo simple imprisonment for six months. He has not filed any appeal challenging his conviction and sentence as both the accused were in jail since 20.9.2005 and accused no.1- Kishor had undergone the sentence passed by the Trial Court.

(3.) The facts, as are necessary for the decision of this appeal, may briefly be stated thus: