SUDEB MANMOHAN PAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stands convicted for offence punishable under Section 364-A of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 1,000/- in default of which to undergo R.I. for one month, by the Additional Sessions Judge, Greater Bombay, by Judgment dated 5.2.2009 in Sessions Case No. 94 of 2008, by this Appeal questions the correctness of his conviction and sentence. Facts in brief as are necessary for the decision of this Appeal may be stated thus.

(2.) PW-10 PI Gangadhar Sonawane, who was also investigating Crime No. 132 of 2007 collected the printouts from the Airtel and Reliance Company and searched for the rickshaw driver but the rickshaw driver could not be found as he was out of station. Further to the completion of investigation, PW-10 PI Sonawane filed a charge-sheet against the Appellant.

(3.) On the case being committed to the Court of Sessions, Trial Court vide Exhibit 4 framed charge against the Appellant for offence punishable under Section 364-A of the Indian Penal Code. The Appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined 10 witnesses. The defence of the Appellant is of denial. The Trial Court upon appreciation of the evidence convicted and sentenced the Appellant as afore-stated.