ATUL SUDHIR ZEMSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 23.8.2013 passed by the learned Sessions Judge, Greater Bombay in Sessions Case No. 64 of 2013. By the said judgment and order, the learned Session Judge convicted the appellant under Sections 302 and 324 of IPC. For the offence under Sections 302 of IPC, the appellant was sentenced to R.I. for life and pay fine of Rs. 1000/- in default R.I. for three months and for the offence under Section 324 of IPC, the appellant was sentenced to suffer R.I. for one year and pay fine of Rs. 500/- in default, R.I. for one month. The learned Sessions Judge directed that both the substantive sentences of imprisonment shall run concurrently.

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

(3.) Charge came to be framed against the appellant-original accused under Sections 324 and 302 of IPC. 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.