RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant -original accused against the judgment and order dated 07.07.1999 passed by the learned Additional Sessions Judge, Greater Mumbai in Sessions Case No. 339 of 1997. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Sec. 302 r/w 34 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 10000/ -, in default R.I. for six months.

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

(3.) Charge came to be framed against the appellant and other accused under Sec. 302 read with 34 of IPC. It may be stated that prior to framing of charge, original accused No. 2 -Shankar Premji Parmar expired and original accused No. 1 -Mithalal Premji Parmar and original accused No. 3 -Prakash @ Chati Chandrasingh were absconding, hence, the trial went on in relation to the appellant. The appellant pleaded not guilty to the said charge and claimed to be tried. His 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 appellant as stated in paragraph 1 above, hence, this appeal preferred by the appellant against his conviction and sentence.