BABAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has challenged his conviction under Section 302 and 201 of the Indian Penal Code awarded vide judgment and order dated 25.11.2008 by the Additional Sessions Judge, Hingoli in Sessions Trial No.25/2005. By the said judgment the appellant is sentenced to life imprisonment and to pay a fine of Rs.5000/, in default to suffer SI for six month and Rigorous Imprisonment for three years and to pay a fine of Rs. 500/, in default to suffer SI for 15 days, respectively.

(2.) Brief facts of the case can be summarized thus

(3.) From the evidence of the prosecution, it is clear that the case of the prosecution rests on circumstances. It is also not disputed that the death of Badrinath is a homicidal one. Bearing in mind these aspects, before we embark upon the rival submissions, it is necessary to advert to the evidence of the material witnesses.