BALKRISHNA KHASHABA MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was tried by the Sessions Court at Satara in Sessions Case No. 136 of 2002 for offences punishable under Section 302, 323 and 449 of the Indian Penal Code ("IPC" for short). By the judgment and order dated 20/1/2004 the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to suffer RI for life and to pay a fine of Rs. 4,000/-, in default to suffer further R.I. for three years for having committed murder of Sunil Kakade ("the deceased"). The appellant has also been convicted for offence punishable under Section 449 of the IPC and sentenced to suffer RI for three years and to pay fine of Rs. 1,000/-, in default to suffer further RI for one year. The appellant is acquitted of the offence punishable under Section 324 of the IPC. The substantive sentences have been ordered to run concurrently. Being aggrieved by the said judgment and order the appellant has preferred this appeal.

(2.) It is necessary to give gist of the prosecution case.

(3.) In support of its case the prosecution examined as many as 11 witnesses. The prosecution case rests on the eye-witness account of PW 2 Shankar Dhere and PW 5 Dnyaneshwar Kakade. The prosecution also examined PW 9 Rajeshri Kakade, the wife of the deceased. The prosecution examined PW 6 Dr. Waghmare who had done postmortem on the deceased and who had examined PW 2 Shankar Dhere. The details of investigation were given by PW 10 API Tavare and PW 11 PSI Shinde. The appellant pleaded defence of alibi. In support of his case he examined two defence witnesses. They are DW 1Baba Sawant and DW 2 Vithal Shedage. After going through the evidence on record learned Sessions Judge rejected the defence version and held that the prosecution had proved its case beyond reasonable doubt against the appellant. He convicted the appellant as aforesaid and hence this appeal.