NOOR AAMAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused No. 1 against the judgment and order dated 10.12.2013 passed by the learned Additional Sessions Judge, Raigad-Alibag in Sessions Case No. 105 of 2012. 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. 25000.00, in default R.I. for one year. The appellant was further convicted for the offence punishable under Sec. 506(II) of Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs. 3000.00, in default R.I. for three months. The learned Additional Sessions Judge directed that both the sentences of imprisonment shall run concurrently. The learned Additional Sessions Judge further directed that out of the fine amount deposited by the appellant, an amount of Rs. 25,000.00 be paid to the wife of the deceased Zahir, namely Rubina Zahir Patel towards compensation after appeal period is over.

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

(3.) Charge came to be framed against original accused Nos. 1 to 4 under Sections 302 r/w 34 and 506(II) r/w 34 of IPC. All 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 Nos. 2 to 4 of all the charges, however, learned Sessions Judge convicted the appellant - original accused No. 1 under Sec. 302 and 506(II) of IPC, hence, this appeal.