LAWS(BOM)-2024-4-136

NILESH LAXMIKANT VYAS Vs. STATE OF MAHARASHTRA

Decided On April 29, 2024
Nilesh Laxmikant Vyas Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is an Appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 [for short 'Cr.PC'] against the Judgment and Order dtd. 18/12/2015, passed by the learned Additional Sessions Judge, Osmanabad, in Sessions Case No.129/2014 convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 [for short 'IPC'] and sentencing him to suffer imprisonment for life and to pay fne of Rs.1000.00, in default, to suffer rigorous imprisonment for three months.

(2.) Prosecution's case as revealed from the Police Report is as under:

(3.) On committal, the learned Additional Sessions Judge framed the Charge against the Appellant for the offence punishable under Sec. 302 of IPC vide Exhibit - 4, to which, the Appellant pleaded not guilty and claimed to be tried. To prove the Charge, the Prosecution examined in all seventeen (17) witnesses and brought on record the relevant documents. After the Prosecution closed it's evidence, the Appellant's statement came to be recorded under Sec. 313(1)(b) of Cr.PC. The Appellant denied the Prosecution's case and evidence. On appreciation of the evidence, the learned Trial Court passed the aforementioned impugned Judgment.