BAIJNATH HARI YADAV RAJKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (original accused no. 2) has preferred this appeal against the judgment and order dated 14/5/2009 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 591 of 2007. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 read with Section 34 of IPC and sentenced him to imprisonment for life and fine of Rs. 5,000/- in default simple imprisonment for one month.

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

(3.) Charge came to be framed against the appellant (original accused no. 2) and the co-accused Pankaj Kumar, who was original accused no. The charge was framed under Section 302 read with Section 34 of IPC and under Section 37(1) read with Section 135 of the Bombay Police Act. The case of Mohd. Hussain was separated as he was a juvenile in conflict with law on the date of the incident. The accused persons pleaded not guilty to the said charge and came to be tried. Their defence is that of total denial and false implication. After going through the evidence adduced in the case, the learned Sessions Judge convicted and sentenced the appellant and the co-accused Pankaj Kumar under Section 302 read with Section 34 of IPC. Hence, this appeal.