SUDHIR WAMAN PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellants - original accused Nos. 1 and 2 against the judgment and order dated 25.08.2009 passed by the learned Ad-hoc Additional Sessions Judge-1, Malegaon, Dist. Nashik in Sessions Case No. 10 of 2000. By the said judgment and order, the learned Sessions Judge convicted the appellant i.e. accused No. 1 -Sudhir Waman Pawar for the offences punishable under Sections 302 and 307 of IPC. For the offence punishable under Section 302 of IPC, the appellant - Sudhir Waman Pawar was sentenced to life imprisonment and for the offence punishable under Section 307 of IPC, he was sentenced to rigorous imprisonment for five years and fine of Rs. 1500/-, in default, R.I. for one year. Further the learned Sessions Judge convicted the appellant i.e. accused No. 2-Keda Waman Pawar under Section 326 r/w 34 of IPC and sentenced him to suffer rigorous im-prisonment for five years and fine of Rs. 1000/-, in default R.I. for one year.

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

(3.) Charge came to be framed against the appellants under Sections 302 r/w 34, 307 r/w 34, 506 r/w 34, 201 of IPC. Charge was also framed against appellant Sudhir under Section 135 of Bombay Police Act. Both the appellants pleaded not guilty to the said charge and claimed to be tried. Their defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellants as stated in paragraph 1 above, hence, this appeal preferred by the appellants against conviction and sentence.