LAWS(BOM)-2017-2-169

SHRI BHARAT JANARAO DURYODHAN, AGED ABOUT 33 YEARS, OCC. LABOUR, R/O KALAMGAON, TAHSIL CHANDUR RAILWAY, DISTRICT AMRAVATI. (IN JAIL) Vs. THE STATE OF MAHARASHTRA, THROUGH ITS POLICE STATION OFFICER, POLICE STATION CHANDUR (RAILWAY), TAHSIL CHANDUR (RAILWAY), DISTRICT AMRAVATI

Decided On February 13, 2017
Shri Bharat Janarao Duryodhan, Aged About 33 Years, Occ. Labour, R/O Kalamgaon, Tahsil Chandur Railway, District Amravati. (In Jail) Appellant
V/S
The State Of Maharashtra, Through Its Police Station Officer, Police Station Chandur (Railway), Tahsil Chandur (Railway), District Amravati Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Amravati dated 17.6.2014 in Sessions Trial Case No. 141/13, thereby convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/and in default, to suffer further S.I. a period of three months, the appellant has approached this Court.

(2.) The prosecution story, in nutshell, as could be gathered from the material placed on record is thus :

(3.) On receipt of the information received by the Police Station, crime was registered bearing No. 27/13 for the offence punishable under Sec. 302 of the Indian Penal Code. On the basis of First Information Report, investigation was set into motion. At the conclusion of investigation, a charge-sheet came to be filed against the accused in the Court of learned J.M.F.C., Chandur Railway. However, since the case was exclusively triable by the Court of Sessions, the same came to be committed to the learned Sessions Judge, Amravati. The learned trial Judge framed the Charge below Exh. 2 for the offence punishable under Sec. 302 of the Indian Penal Code. The accused pleaded "not guilty" and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence against the appellant, as aforesaid. Being aggrieved thereby, the present appeal has been filed.