DR. AJIT VISHWANATH BORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, the original accused no.1, has questioned the correctness of the judgment and order dated 16 th January 2009 passed by the Adhoc Additional Sessions Judge -1, Nashik in Sessions Case No.205 of 2007 thereby convicting him under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. The appellant has also been sentenced to pay fine of Rs.10,000/ - and in default of payment of fine to further undergo simple imprisonment for one year. By the impugned judgment and order dated 16 th January 2009, the Trial Court was pleased to acquit the appellant under Sections 498(A), 120 -B read with Section 34 of Indian Penal Code. The original accused no.2 Smt. Sangita P. Suryavanshi has been acquitted from all the charges framed against her.

(2.) The facts which can be enumerated from the record and are necessary to decide the present appeal can briefly be stated thus:

(3.) Heard Mr. Uday Warunjikar, the learned Counsel appearing for the appellant and Mr. H.J. Dedhia, the learned APP for the State and with their assistance we have perused the entire record pertaining to the present case.