VIKAS VISHWANATH KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, original accused, has preferred the present appeal against the impugned judgment and order dated 13th February 2012 passed by the Ad-Hoc Judge City Civil Court & Additional Sessions Judge, Greater, Mumbai in Sessions Case No. 527 of 2010 thereby convicting the appellant for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and also to pay fine of Rs.3,000/-, in default of payment of fine to suffer rigorous imprisonment for 6 months, which shall run in excess of the aforesaid substantive sentence of imprisonment.

(2.) The facts which can be enumerated from the record, may briefly be stated thus:

(3.) Heard Mr. Nitesh S. Nevshe, learned Counsel appointed for the appellant by the Legal Aid Committee and Smt. V.R. Bhonsale, learned APP for the respondent-State. We have carefully scrutinized the record and also the impugned judgment and order passed by the Trial Court. The learned Counsel for the appellant has submitted that the statement of the appellant dated 3.5.2010 on the basis of which A.D.R. No. 29 of 2010 has been recorded, is a confessional statement given in the police station and the same cannot be relied upon to base his conviction. He has further submitted that there is no other evidence on record which will otherwise implicate the appellant in the present crime. He therefore submitted that the appeal may be allowed and appellant may be acquitted from the charges levelled against him.