VIJAY JAYANT TEJALE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 13th November 1995 delivered by the Additional Sessions Judge, Nasik, in Sessions Case No. 105 of 1995, convicting the appellant, who was the accused no.1 in the said case, of an offence punishable under Section 307 of the Indian Penal Code (IPC) and sentencing him to suffer Rigorous Imprisonment for 3 years and to pay a fine of Rs. 5,000/ -, in default, to suffer Rigorous Imprisonment for 6 months. There were four others, who were also prosecuted along with the appellant. The appellant and the said four others were accused of having committed the offences punishable under Section 147 of the IPC, Section 148 of the IPC and Section 307 of the IPC read with Section 149 of the IPC, as also, an offence punishable under Section 135 of the Bombay Police Act. The learned Additional Sessions Judge found the other four not guilty and acquitted them of all the offences. Even the appellant was acquitted of the other offences except the one punishable under Section 307 of the IPC, for which he was convicted and sentenced, as aforesaid.

(2.) AS the counsel for the appellant continuously remained absent whenever the appeal was listed on board for final hearing, it was decided to hear the appeal after going through the relevant record and proceedings and after hearing the learned APP. Ms. Ameeta Kuttikrishnan was appointed as an amicus curiae to assist the court.

(3.) THE learned amicus curiae has taken me through the evidence adduced during the trial and the impugned judgment. The learned amicus curiae has prepared a brief synopsis giving the details of the witnesses, their evidence, and has made her comments on the evidence that was adduced before the trial court.