SUBHASH TIKARAM JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 30.10.2010 passed by the learned Extra Joint Ad-hoc Additional Sessions Judge, Thane in Sessions Case No. 128 of 2009. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Sec. 302 of Penal Code and sentenced him to suffer rigorous imprisonment for life and fine of Rs. 1000.00, in default R.I. for two months.

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

(3.) Charge came to be framed against the appellant under Sec. 302 of Penal Code and against the brother of the appellant (accused No. 2) under Sec. 302 r/w 109 of IPC. The accused 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 acquitted original accused No. 2 of the offences charged, however, he convicted and sentenced the appellant-original accused No. 1 as stated in paragraph 1 above, hence, this appeal preferred by the appellant against his conviction and sentence.