SUNIL BABAN PINGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was convicted under Section 302 and was sentenced to punishment of death by the Additional Sessions Judge, Pune. He was also convicted under Section 307 for having injured his wife and father-in-law. Against his conviction he carried the matter in appeal and reference was also made to the High court for affirming the death sentence.

(2.) The High court by the impugned judgment affirmed the death sentence awarded by the learned Additional Sessions Judge and dismissed the appellant's appeal. Hence the present appeal.

(3.) The prosecution case, as unfolded through the eyewitnesses and narrated in para 3 of the judgment of the learned Sessions Judge, clearly indicates that the appellant with a pre-plan had reached the house of his father-in-law in the midnight armed with a sword and not only killed his mother-in-law but also one Jaishree, his sister-in-law, and also wanted to get rid of his wife Suneeta by throwing her inside the tank and also assaulted his father-in-law, both of whom luckily survived. The prosecution case brings upon as many as four eyewitnesses, PWs 1, 4, 5, and 8, Public Witness 5 being the wife of the accused. Learned Additional Sessions Judge as well as the High court relied upon their testimony.