VITHOBA NINGAPPA TALWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant - original accused against the judgment and order dated 4.1.2011 passed by the learned Sessions Judge, Raigad-Alibag in Sessions Case No. 8 of 2010. By the said judgment and order, the learned Session Judge convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer rigorous imprisonment for life and fine of Rs. 1,000/-, in default simple imprisonment for one month. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sections 302 and 324 of IPC. The appellant/accused pleaded not guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above, hence, this appeal.

(3.) We have heard the learned Advocate for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant assaulted Rakhamabai with a knife and caused her death.