SURESH BAPU KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal has been filed challenging the impugned Judgment and Order dtd. 8/8/2022 passed by the Additional Sessions Judge- 2, Baramati, District Pune, in Sessions Case No. 09/2017 whereby the Appellant has been convicted under sec. 302 of the Indian Penal Code (IPC) and has been sentenced to undergo Imprisonment for life and to pay a fine of Rs.2,500.00 and in default to undergo Rigorous Imprisonment for 1 year. The Appellant has also been convicted under sec. 201 of the Indian Penal Code (IPC) and has been sentenced to undergo Imprisonment for six months and pay a fine of Rs.500.00 in default to suffer RI for 2 months.

(2.) Brief facts of the prosecution's case are as under:

(3.) The charges came to be framed on 27/6/2018 for the offences under Sec. 302 r/w 201 of the IPC to which the Appellant pleaded not guilty and claimed to be tried. Thereafter trial commenced and the prosecution examined 13 witnesses in support of the case. The Appellant did not examine any defence witness. After examination of witnesses, examination of the accused under Sec. 313 of the Code of Criminal Procedure, 1973 came to be recorded. The defence of the Appellant is of total denial and false implication in the crime.