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Suryabhan Vs. State of Maharashtra

[Criminal Appeal No. 1204 of 2009]

O R D E R

1. This appeal is directed against the judgment and order, dated 10.12.2004, passed by the High Court of Judicature of Bombay in Criminal Appeal No.456 of 1992, whereby the High Court has confirmed the conviction and sentence passed by the learned Sessions Judge, Wardha, vide judgment and order dated 17.11.1992, in Sessions Trial No. 62 of 1989.

2. The appellant before us is convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code (the "I.P.C." for short) and sentenced to imprisonment for life along with fine of Rs. 2,000/- and rigorous imprisonment of one year in default.

3. We have heard learned counsel Smt. V. Mohana and Sri Shankar Chillarage. With their assistance, we have carefully perused the evidence on record and considered the reasoning and the conclusion reached by the Trial Court and the High Court. In our considered view, both the courts have not committed any error which would call for our interference.

4. In the result, while confirming the impugned judgment and order, we reject the appeal.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI;

DECEMBER 13, 2012


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