MAHENDRA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the judgment and order dated 15th of July, 2004 passed in Sessions Trial No. 389 of 1999 by the learned 4th Additional Sessions Judge, Nagpur, thereby convicting appellant/accused Mahendra Shankarrao Bagde 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. 300/ -, in default to suffer rigorous imprisonment for fifteen days.

(2.) IN brief, it is the case of prosecution that deceased Saroj d/o Janardan Nikose was resident of Khapa, Tq.Saoner, Distt. Nagpur. However, for the purpose of education she was residing in a tented room situated at Bajrang Nagar, Nagpur. PW 1 Sapna is her younger sister who was also brought by her to Nagpur on 7th of December, 1998 to pursue her studies. Accordingly, both were residing in the same room where appellant was on visiting terms to deceased and also used to share the same room pretending to be as their brother.

(3.) CHARGE is framed against appellant vide Exh. 2 for the offence punishable under Section 302 of the Indian Penal Code to which he pleaded not guilty and claimed to be tried. The defence of the appellant is of denial and false implication.