LAWS(BOM)-2017-1-17

OMPRAKASH DEVANDAS KHANNA Vs. THE STATE OF MAHARASHTRA

Decided On January 04, 2017
Omprakash Devandas Khanna Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 05.02.2011 passed by the learned Additional Sessions Judge, Kalyan in Sessions Case No. 24 of 2008. 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 imprisonment for life and fine of Rs. 5000/-, in default R.I. for six months.

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

(3.) Charge came to be framed against the appellant-accused under Section 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. It is the further defence of the appellant that some unknown persons committed the murder of his wife in the factory and ran away. 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 preferred by the appellant against his conviction and sentence.