ANNAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue involved in this appeal is whether there is sufficient evidence to sustain conviction for the offence punishable under Section 302 of the Indian Penal Code. The appellant committed murder of a cook. The case is based on circumstantial evidence.

(2.) The issue is whether circumstantial evidence is sufficient to establish a link so as to prove the guilt of the appellant. The circumstantial evidence consists of - a) extra judicial confession b) recovery of axe c) motive and d) present at the spot. The trial Court believed the evidence and convicted the appellant. The appellant was asked to undergo life imprisonment and fine of Rs. 10,000/-.

(3.) Shri S.D. Chande, learned Advocate for the appellant and Shri T.A. Mirza, learned A.P.P. for the respondent advanced their respective arguments. Instead of arguing on an application for suspension of sentence, by consent we have heard both the sides on appeal itself. We are convinced that there is no sufficient evidence to sustain the conviction. There is a room for suspecting the appellant but we find it insufficient to dispel the presumption of innocence.