SAMIULLAH ALLAHBAKSHA MAHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant-orig.accused has preferred this Appeal through jail. The appellant has challenged the judgment and order dated 6th December, 2006 passed by the learned Ad-hoc Additional Sessions Judge-5, Kolhapur in Sessions Case No.41 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 307 of IPC and sentenced him to suffer RI for three years and fine of Rs.10,000/-, in default, SI for four months. The learned Sessions Judge further directed that out of the fine amount of Rs.10,000/-, an amount of Rs.7,000/- shall be paid to the injured witness PW-2 Firozkhan Mahat.

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

(3.) The charge came to be framed against the appellant under Section 307 of IPC and in the alternative under Section 326 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 appellant as stated in para-1 above. Hence this Appeal.