STATE OF MAHARASHTRA Vs. MANSINGH

JUDGEMENT

(1.) Criminal Appeals Nos. 462-63 of 1999 Heard learned counsel for the parties.

(2.) The respondent herein was convicted by the trial court under Section 302 of the Indian Penal Code and awarded death penalty. He was further convicted under Section 376 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 2000. 00; in default to undergo further imprisonment for a period of two years. The respondent was also convicted under Section 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 1000. 00; in default to undergo rigorous imprisonment for a period of one year. All the sentences were, however, ordered to run concurrently. On appeal being preferred, the high Court of Bombay recorded order of acquittal of the respondent. Hence, these appeals by special leave.

(3.) Undisputedly, in the present case, there is no direct evidence, but it is a case of circumstantial evidence and the trial court came to the conclusion that the prosecution has succeeded in proving the following circumstances against the respondent by credible evidence: (a) the respondent was last seen in the company of the victim girl; (b) the accused made a false statement before the search party and misled them in conducting the search for dead body of the victim; (c) the accused had given false explanation in relation to his own injuries; and (d) bloodstained clothes, which the accused was wearing, were seized and the blood group thereon was that of the deceased.