MADHU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, original accused No.3 has challenged the judgment and order dated 15th December, 2006 passed by the learned 7th Ad-hoc Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No.428 of 2006 thereby convicting the Appellant under Sections 143, 144, 147, 148 and under Section 302 read with 149 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/- on each count. In default of payment of fine to suffer further rigorous imprisonment for six months. As far as the trial of original accused No.1 is concerned, the same was separated as the original accused No.1 Suresh @ Suraj Pawar was absconding since prior to filing of charge-sheet in the present crime. As far as original accused Nos.2 and 4 are concerned, by the same judgment and order dated 15th December, 2006, the learned Trial Court was pleased to acquit them from all the charges framed against them.

(2.) The facts which are necessary for the decision of the present Appeal can briefly be stated thus :

(3.) After committal of the said case, the learned Trial Court framed charge below Exhibit 3. The said charge was read over and explained to the Appellant in vernacular language to which he pleaded not guilty and claimed to be tried. The prosecution in support of its case had examined in all 11 witnesses. The learned Trial Court after recording the evidence, the statements of accused persons under Section 313 of the Criminal Procedure Code and after hearing the parties to the said case was pleased to convict the Appellant by the impugned judgment and order dated 15th December, 2006 as stated herein above.