AKBAR INTIJARUL ANSARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by the appellant - original accused against the judgment and order dated 28.11.2002 passed by the learned 4th Ad -hoc Additional Sessions Judge, Thane in Sessions Case Nos. 529 of 2001. 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 imprisonment for three months. Further the appellant was also convicted for the offence punishable under Section 506 of IPC and sentenced to suffer rigorous imprisonment for six months and fine of Rs. 200/ - in default R.I. for one month. The learned Sessions Judge directed that all the substantive sentences of imprisonment shall run concurrently.

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

(3.) WE have heard the learned Advocate for the appellant and the learned APP 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 appellant assaulted Guddu Ali with a knife and caused his death.