LAWS(BOM)-2015-3-256

MAINUDDIN Vs. THE STATE OF MAHARASHTRA

Decided On March 31, 2015
MAINUDDIN Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellant, who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 1000/-, in default of which to undergo RI for three months, by the Extra Joint Ad hoc Additional Sessions Judge-2, Pune, by judgment dated 03/03/2014, in Sessions Case No. 504 of 2011, by this appeal challenges his conviction and sentence. Facts, as are necessary for the decision of this appeal, may briefly be stated thus:

(2.) On the case being committed to the Court of Sessions, trial court vide Exh. 2 framed charge against the appellant for offence punishable under Section 302 of the Indian Penal Code. The appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined 12 witnesses. The defence of the appellant was of denial. The trial judge by accepting the evidence of the prosecution witnesses, convicted and sentenced the appellant as afore-stated.

(3.) We have heard Mr. Satyavrat Joshi, learned counsel for the appellant and the learned APP and in order to effectively deal with the submissions advanced before us by the learned counsel for the parties, it would be useful to refer to the evidence of the prosecution witnesses.