RUPCHAND CHINDU KATHEWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by way of special leave has been filed against the concurrent judgments of conviction of the Sessions Court and the High Court by which the appellant, Rupchand has been sentenced to undergo imprisonment for life for having committed the murder of Parasram Bhoyar, resident of village Pathari, police station Goregaon.

(2.) The facts of the appeal are as under:

(3.) The prosecution in support of its case examined PW. 1-Bhaiyalal Patel, PW. 2-Murlidhar Bisen allegedly an eye-witness, PW. 3-Babulal Bhojraj another witness who had last seen the accused in the company of the deceased and before whom he had made an extra judicial confession, PW. 4 Dr. Satish Jaiswal, the Medical Officer who had conducted the post-mortem examination on the dead body, and PW. 7 the Investigating Officer, Krishna. The appellant in his statement under Section 313 Cr.P.C., denied the allegations levelled against him and pleaded an alibi. The trial court on an appreciation of the evidence convicted the appellant for the offence of murder. This judgment has been confirmed by the High Court in appeal. The High Court held that the fact that the deceased Parasram had met with a homicidal death was clear from the evidence of PW. 2 Murlidhar Bisen which inspired confidence in that he had witnessed the murder at about 6.00 a.m. on 13th May, 1999. The Court also observed that the statement of PW. 3 Babulal Bhojraj who had last seen the appellant and the deceased together was also a circumstance in favour of the prosecution and that the evidence of Dr. Satish Jaiswal PW. 7 the Doctor confirmed the eye witness account that the deceased had been done to death with an axe.