- (1.) This appeal is directed against the judgment and order of the learned District Judge and Additional Sessions Judge, Thane, in Sessions Case No. 120 of 2006, by which the learned Judge has convicted the appellantoriginal accused No.1 for an offence punishable under Section 302 of the Indian Penal Code (hereinafter "IPC"). By the aforesaid judgment, the learned Judge acquitted the original accused No.2Indubai, wife of the present appellant for the alleged offence. The appellant was awarded life imprisonment and was directed to pay fine of Rs. 1,000/, in default to suffer rigorous imprisonment for six months. Being aggrieved by the order of the learned Judge, the appellantoriginal accused No.1 has preferred this appeal through jail.
(2.) The charge was framed against the appellant as well as the original accused No.2 that on 23rd December, 2005, accused Nos. 1 and 2 at about 10.10 hrs., within the jurisdiction of Narpoli Police Station, Bhiwandi, committed murder of one Pramod Amrit Ram, aged 27 years, in furtherance of their common intention and accordingly committed an offence punishable under Section 302 read with Section 34 IPC. It is also alleged against the accused Nos.1 and 2 that after committing murder of Pramod Ram on the aforesaid date, they tried to cause evidence of commission of that offence to disappear with the intention of screening themselves from legal punishment and thereby committed an offence punishable under Section 201 read with Section 34 of the IPC. The accused did not plead guilty to the charge.
(3.) The prosecution, in all, examined 11 witnesses. The learned Sessions Judge, after considering the evidence on record, came to the conclusion that the deceased Pramod died of a homicidal death. The learned Judge, however, found that the prosecution has failed to prove that the aforesaid act was committed in furtherance of common intention by both the accused. Accordingly, accused No.2 was acquitted and accused No.1 was convicted for the alleged act.;