AJAY HANUMANPRASAD SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The conviction of the Appellant under section 302 of Indian Penal Code and sentence of life imprisonment imposed upon him by the learned Additional Sessions Judge, Sewree in Sessions Case No.731 of 2010 by its Judgment and Order dated 1st February 2012 is questioned by impugning the same.

(2.) Heard Dr. Y.M Chaudhary, the learned counsel for the Appellant and Ms. M.H. Mhatre, the learned APP for the State. Perused the entire record.

(3.) The prosecution case in brief is that, the first informant Rajesh Sharma (PW No.1), his friend Dilip Yadav (PW No.5) and the appellant were taking education in Yogiraj Shrikrishna High School, Safedpul, Mumbai. The friend of Dilip Yadav namely Munna @ Rashid @ Nawab (deceased) was also knowing the appellant being friend of Dilip Yadav. That on 8.8.2010 at about 22.30 (10.30 p.m.) the appellant came in front of the house of Rajesh Sharma (PW No.1) and created ruckus and threatened him that, he will beat Rajesh on or before 15th day of the said month. The informant pacified him and thereafter the appellant went away from the said place. The informant Rajesh Sharma (PW No.1) thereafter intimated the said fact to his friends namely Dilip Yadav (PW No.5), Rupesh Morya (PW No.2) and Munna @ Rashid (deceased).