VITTHAL GANPAT WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant -original accused against the judgment and order dated 29.10.1996 passed by the learned Additional Sessions Judge, Baramati in Sessions Case Nos. 76 of 1992. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 500/-, in default R.I. for one month.

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

(3.) Charge came to be framed against the appellant under Sections 302 and 498(A) of IPC. The appellant-accused pleaded not guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted the appellant of the offence under Section 498(A) of IPC but convicted and sentenced the appellant as stated in paragraph 1 above, hence, this appeal.