BABAN TUKARAM KAPSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present appeal, appellant has thrown a challenge to judgment and order dated 21-7-2004 passed by learned Sessions Judge, Wardha in Sessions Trial No. 108/2003 convicting him for committing murder of his master Govinda Ganpatrao Girde and sentencing him to suffer imprisonment for life and to pay fine of Rs. 1,000/- and in default to suffer further R.I. for 2 months.

(2.) The said trial has arisen out of charge-sheet submitted by PW11 Mohammad Pathan for commission of said offence of murder by appellant, as a result of investigation of Crime No. 43/2003 registered by PSI Pathan PW11 with Police Station Sindi Railway on the basis of oral report Exh.15 lodged by one Lata wife of deceased against the appellant on 22-6-2003 that in the previous night appellant had taken deceased along with him and PW4 Uttam had seen both of them near the well at about 10 p.m.

(3.) The facts in brief leading to the said prosecution as revealed from the record are as under :