KRISHNA GOPINATH MALI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 17.12.2013 passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 311 of 2013. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 506 of IPC. For the offence under Section 302 of IPC, the appellant has been sentenced to life imprisonment and fine of Rs. 500/- i/d R.I. for three months. For the offence under Section 506 of IPC, the appellant has been sentenced to R.I. for two years. The prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sections 302, 504 and 506 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in the present case, the learned Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.

(3.) We have heard the learned counsel for the appellant and the learned A.P.P. for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned counsel for the parties, the judgment delivered by the learned Judge and the evidence on record, for the below mentioned reasons, we are of the opinion that the appellant assaulted Shankar with sickle and caused his death.