JAGANNATH R. BELOSHE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant original Accused No.1 has preferred this Appeal against the judgment and order dated 27th June 2008 passed by the learned Sessions Judge, Satara in Sessions Case No.107 of 1993. By the said judgment and order, the learned Sessions Judge convicted the Appellant under section 302 of IPC and sentenced him to life imprisonment and fine of Rs.100/-, in default, SI for four months.

(2.) The prosecution case briefly stated is as under.

(3.) Charge came to be framed against the Appellant original Accused No.1 as well as original Accused No.2 Hanumant Khandagale under section 302 r/w 34 of IPC and under section 120B of IPC. The Accused pleaded not guilty to the said charge and claimed to be tried. Their defence was that of total denial and false implication. During the pendency of the trial, original Accused No.2 Hanumant Khandagale expired, hence the case against him abated and the trial went on only against the Appellant. 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.