VIJAYKUMAR XAVIER FRANCIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.281 of 1990 on 6.04.2005 the appellantaccused has preferred this appeal on the grounds mentioned therein.

(2.) With the assistance of the learned Advocate for the appellant as also the learned Public Prosecutor we have scrutinized the entire evidence on record and reappreciated the same.

(3.) The prosecution story stated briefly is that PW1-Vikas and the accused had grudge against each other. On 15.7.1989 in the evening the complainant came from his shop and he was requested by the victim to accompany the victim to the night school. At that time the accused persons started abusing the complainant and therefore Laxmishah tried to intervene as a result of which accused Francis assaulted Laxmishah who received injuries therefrom and later on expired. The accused persons were arrested and prosecuted for various offences. The prosecution examined six witnesses to prove its case. The learned trial Judge on appreciation of evidence came to the conclusion that only original accused No.1-Vijaykumar Francis was guilt. He accordingly convicted him to suffer imprisonment for life under section 302 read with section 34 of Indian Penal Code. It is this order of conviction which is impugned in this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us by the learned advocate appearing on behalf of the accused.