ROSHAN CHANNULAL LILHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant original accused has filed above appeal challenging the judgment and Order dated 28.6.2018 passed by the learned Principal District and Sessions Judge, Nagpur in Sessions Trial No. 393/2015. By the said judgment and order, appellant was convicted as per section 235(2) of the Code of Criminal Procedure of the offence punishable under section 302 of the Indian Pena Code for having committed murder of deceased Munesh Lilhare and was sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for six months. The appellant was also convicted of the offence punishable under section 201 of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for two months. It was further directed that all the sentences shall run concurrently.

(2.) We have heard extensively Shri S.H. Sudame, learned Counsel appearing for the appellant and Mrs. S.V. Kolhe, learned A.P.P. for the respondent/State.

(3.) Shri S.H. Sudame, learned Counsel for the appellant taken us through the evidence of various witnesses and also documentary evidence and argued that this is a case of circumstantial evidence andprosecution has failed to establish all the circumstances. He further argued that as all the circumstances which are held to be against appellant particularly contentsof ChemicalAnalyzer's Report are not put to the appellant during the examination conducted under section 313 of the appellant, the appeal is required to be allowed and the impugned judgment and orderis required to be quashed and set a side.