ASHOK HANUMANTA KAJERI Vs. THE STATE

JUDGEMENT

(1.) The appellant original accused has preferred this appeal against the judgment and order dated 11th November 2008 passed by the learned 5th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai in S.C. No.487 of 2007. By the said judgment and order, the learned Sessions Judge convicted and sentenced the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life and to pay fine of Rs.5000/-, in default of payment of fine R.I. for two years.

(2.) The prosecution case can briefly be stated as under:

(3.) Charge came to be framed against the appellant under Section 302 of the Indian Penal Code and under Section 37(i) (a) read with Section 135 of Bombay Police Act. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is 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-1 above. Hence, this appeal.