DINESH SHANKAR AAKODE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant original Accused No.1 has preferred this Appeal against the judgment and order dated 11th October 2013 passed by the learned Sessions Judge, Greater Bombay in Sessions Case No.402 of 2013. By the said judgment and order, the learned Sessions Judge convicted the Appellant under section 302 of IPC and sentenced him to RI for life and fine of Rs.1,000/-, in default, RI for three months.

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

(3.) Charge came to be framed under section 302 r/w 34 of IPC against the Appellant original Accused No.1 and Hussain Shaikh original Accused No.2. In addition charge was framed against the Appellant u/s 37(a) of the Bombay Police Act. The accused pleaded not guilty to the said charge and claimed to be tried. The defense of the accused was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted Accused No.2 Hussain Shaikh, however, the learned Sessions Judge convicted and sentenced Appellant original Accused No.1 as stated in paragraph 1 above. Hence this Appeal.