RANGOBA BHAIRU DAMGUDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant -original accused against the judgment and order dated 20th December, 2012 passed by the learned Additional Sessions Judge, Pune in Sessions Case No. 966 of 2009. By the said judgment and order, the learned Sessions Judge convicted the appellant under Ss. 302 and 452 of IPC and also under Sec. 3 read with Sec. 30 of the Arms Act. For the offence under Sec. 302 of IPC the learned Sessions Judge sentenced the appellant to imprisonment for life. For the offence under Sec. 452 of IPC the appellant was sentenced to SI for two years and for the offence under Sec. 3 read with 30 of the Arms Act the appellant was sentenced to SI for six months. The learned Sessions Judge directed that all substantive sentences of imprisonment shall run concurrently. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sec. 302, 452 and 504 of the IPC. In addition, charge was also framed under Sec. 3 read with Sec. 25 and 30 of the Arms Act. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.

(3.) We have heard learned Advocate for the appellant and learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the learned Sessions Judge has rightly convicted and sentenced the Appellant and there is no merit in the present Appeal.