SURESH BALIRAM GAVANE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 4.12.2012 passed by the learned Additional Sessions Judge-2, Solapur in Sessions Case No. 178 of 2012. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302, 498-A and 177 of IPC. For the offence under Section 302 of IPC, the appellant has been sentenced to RI for life and to pay a fine of Rs. 1000/- in default RI for six months. For the offence under Section 498-A of IPC, the appellant has been sentenced to RI for three years and fine of Rs. 1000/- in default RI for six months. For the offence under Section 177 of IPC, the appellant has been sentenced to RI for six months and fine of Rs. 500/- in default R.I. for one month. All the substantive sentences were directed to run concurrently. The prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the appellant under sections 498-A, 302 and 177 of IPC. 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 I above. Hence, this appeal.

(3.) We have heard the learned Advocate for the Appellant and the learned A.P.P. 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 prosecution has proved its case against the appellant.