GELSING PIDA PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal challenging the judgment and order dated 22.2.2008 passed by the learned Ad hoc Additional Sessions Judge, Amalner in Sessions Case No. 13 of 2006, thereby convicting the appellant for the offence punishable under Sections 302 of I.P.C. and sentencing him to suffer imprisonment for life and also to pay fine of Rs.1000/-, in default, to suffer R.I. for three months. The appellant was also convicted under Section 324 of I.P.C. and sentenced to suffer R.I. for two years and to pay fine of Rs. 500/-, in default, to suffer R.I. for three months. It was directed that both the sentences shall run concurrently.

(2.) The prosecution story, in brief, is as under;-

(3.) The Ad hoc Additional Sessions Judge convicted the appellant herein under Section 302 of I.P.C. and sentenced to suffer imprisonment for life and also to pay fine of Rs.1000/-. The appellant was also convicted under Section 324 of I.P.C. and sentenced to suffer R.I. for two years and to pay fine of Rs. 500/-. While convicting the appellant, the trial Court mainly relied on the evidence of P.W.1 Sumanbai Gelsing " complainant, P.W.6 Suresh Gelsing and P.W.14 Gangaram, who were the eye witnesses to the incident. The trial Court also relied upon the evidence of seizure of wooden plank used in commission of the offence, at the instance of the appellant and seizure of clothes as on the person of the appellant, having blood stains.