SUNIL DEVNATH MHASE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused no.1 against the judgment and order dated 6.5.2005 passed by the learned 3rd Ad-hoc Additional Sessions Judge, Thane in Sessions Case No. 34 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 read with Section 34 of IPC and sentenced him to life imprisonment and fine of Rs. 1000/- i/d S.I. for one month.

(2.) The prosecution case, briefly stated, is as under:

(3.) Charge came to be framed against the appellant-original accused no.1 and Devnath original accused no.2 under Section 302 read with Section 34 of IPC. Both the accused pleaded not guilty to the said charge and claimed to be tried. Their defence is that of total denial and false implication. After going through the evidence adduced in the present case, the learned Judge convicted both the accused under Section 302 read with Section 34 of IPC.