NARUDDIN MURTUJAALI SHAIKH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant -original accused has preferred this Appeal against the judgment and order dated 18th December, 2008 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 451 of 2007. By the said judgment and order the learned Sessions Judge convicted the Appellant under Sections 302, 452 and 394 of the Indian Penal Code. For the offence punishable under Section 302, the Appellant was sentenced to suffer rigorous imprisonment for life and fine of Rs. 1,000/ -, in default further rigorous imprisonment for one year. For the offence punishable under Sections 452 and 394 of the Indian Penal Code, the Appellant was separately sentenced under each count to suffer rigorous imprisonment for three years and fine of Rs. 500/ -, in default rigorous imprisonment for six months. The learned Sessions Judge directed that the substantive sentences of imprisonment shall run concurrently.

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

(3.) CHARGE came to be framed against the Appellant under Sections 452, 394 and under Section 302 of the Indian Penal Code. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence 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 paragraph 1 above, hence, this Appeal.