GUNGA NATHA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 28.12.2010 passed by the learned Additional Sessions Judge, Kolhapur in Sessions Case No. 92 of 2007. 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 R.I. for life and fine of Rs.500/- i/d R.I. for one month and for the offence under Section 506 (2) of IPC, the appellant has been sentenced to R.I. for six months.

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

(3.) 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. It may be stated here that the appellant came to be acquitted of the offence under Section 504 of IPC.