GIRVARSINGH BHAGWATSINGH DEVDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused has preferred this appeal to challenge the Judgment and conviction order passed against him by the learned Additional Sessions Judge, Dindoshi in Sessions Case No.38 of 2013. The appellant is convicted for the ofence punishable under section 302 of Indian Penal Code and sentenced to sufer imprisonment for life and to pay fne of Rs.5000/- in default to sufer simple imprisonment for six months. The appellant is also convicted for ofence under section 392 read with section 397 of IPC and sentenced to sufer Rigorous imprisonment for seven years and to pay fne of Rs.2000/- in default to sufer simple imprisonment for three months.

(2.) The prosecution case unfold as under:

(3.) On 4th November 2012 at about 11.30 p.m informant went to her shop. She did not visit her house for lunch. At the relevant time, one Mr.Balli was working with informant. He used to clean sugarcane at her residence and then used to bring it in the shop. At 4.30 p.m. informant called her mother and asked her whether the servant Mr.Balli had proceeded to the shop. Her mother replied that the work is not completed and hence Mr.Balli may stay for some time and then he will attend the shop. On the same night at about 9.30 p.m to 9.50 p.m informant gave calls to her mother but there is no reply from her.