LAWS(BOM)-2017-9-235

SANJAY MANOHAR KAPSE Vs. STATE OF MAHARASHTRA

Decided On September 08, 2017
Sanjay Manohar Kapse Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused No. 2 against the judgment and order dated 22.1.2014 passed by the learned Additional Sessions Judge, Niphad in Sessions Case No. 44 of 2012. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer life imprisonment and fine of Rs. 200/-, in default S.I. for 15 days.

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

(3.) Charge came to be framed against the appellant-original accused No. 2 as well as original accused No. 1 Prakash under Section 302 r/w 34 of IPC. 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 convicted and sentenced the appellant as stated in paragraph 1 above, hence, this appeal.