DASHRATH ISHWARA DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant has preferred this Appeal against the Judgment and order passed by the learned Additional Sessions Judge, Kolhapur , dated 22nd December, 1995, in Sessions Case No. 134 of 1995 wherein the Appellant was found guilty of the commission of offences punishable under Section 302, and 201 of the Indian Penal Code, and consequently sentenced to undergo R. I. for life and three years respectively, with a direction that both the sentences were to run concurrently.

(2.) THE facts giving rise to the case, in brief, are thus :

(3.) THE Appellant was charged with the offences punishable under Section 302 and 201 of the Indian Penal Code. The Appellant denied the charge and claimed to be tried. The defence of the Appellant is that of denial. The prosecution led its extensive evidence in the Trial Court. It appears from the record that except for P.W.1 Gunwanta complainant and P.W. 2 Geeta , daughter of deceased Sushila , all other material witnesses turned hostile to the prosecution case. Despite this fact, the learned Trial Judge put total reliance on the testimony of witness Geeta , a child witness and came to the conclusion that the prosecution had succeeded in bringing home the guilt on the basis of testimony of witness Geeta , and as such proceeded to convict and sentence the Appellant in the aforesaid manner.