PRALHAD SATWA KHANDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order passed by the Additional Sessions Judge, Pusad on 20-7-1996 in Sessions Trial No. 68 of 1994 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 2,000/-, in default, to suffer further rigorous imprisonment for two years.

(2.) THE brief facts of the prosection case are as under:---

(3.) IT is not in dispute that there is no eye-witness who has seen the commission of the offence. The case, admittedly, rests on circumstantial evidence alone. The circumstances which have been mentioned and relied upon by the trial Court for convicting the appellant can be summed up as under:-a) Motive to commit the crime. (b) Last-seen-together. (c) The appellant taking cycle on rent from P. W. 6 Syed Karamtualla, just prior to the time the appellant was last seen together with deceased Golu. (d) The taking of Jodwas from his wife and selling them. (e) Discovery of stone and place of offence at the behest of the appellant. (f) The fact that appellant was absconding from 19-5-1994 till 24-5-1994 when he was arrested at Dombivli.