SHANKAR BHAVANJI KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this appeal, the appellant has challenged the judgment and order dated 28th October, 2005 passed by the learned 2nd Adhoc Additional Sessions Judge, Thane in Sessions Case No.178 of 2005. By the said judgment and order, the learned Sessions Judge, convicted the appellant under Sections 302 & 309 of Indian Penal Code. For the offence under Section 302 of IPC the appellant was sentenced to imprisonment for life and to pay fine of Rs.2500/-, in default, RI for one year. For the offence under Section 309 of IPC, the appellant was sentenced to RI for one month and fine of Rs.500/-, in default, RI for a period of fifteen days. The learned Sessions Judge has directed both the sentences to run concurrently.

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

(3.) The charge came to be framed against the appellant under Section 302 & 309 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced by the prosecution, the learned Sessions Judge convicted and sentenced the appellants, as stated in Para 1 above. Hence, this Appeal.