SARDARKHAN S/OIMAMKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present appeal, the appellant, who stands convicted for an offence punishable u/s. 498-A, 201, 302 of The IPC for which he was sentenced to suffer RI for 2 years and to pay fine in the sum of Rs.1000/- with default stipulation to further undergo RI for six months for first two offences and for an offence punishable u/s. 302 of The IPC sentenced to suffer life imprisonment and to pay fine in the sum of Rs.1,000/-, and out of the fine amount recovered, Rs. 2,500/- to be paid to the father of the deceased, by the Additional Sessions Judge, Nanded in Sessions Case No.183/2006 vide his judgment and order dated 17/03/2010, has questioned the correctness of his conviction and sentence.

(2.) ' Such of the facts as are necessary for the decision in this appeal can be summarized as follows :

(3.) ' For better appreciation of the submissions of learned counsel appearing for the appellant and the learned A.P.P. for State, it is necessary to advert to the evidence of the material witnesses examined by the prosecution before the Trial Court. Considering the evidence laid by the prosecution before the Lower Court, it is clear that the case before the Trial Court was based on the circumstantial evidence.