MADHU DHARAMJI OVHAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was the accused in Sessions Case No. 591 of 2005 in the Court of Sessions at Pune. The allegation against him was that he had committed murder of his father. The learned Addl. Sessions Judge, Pune after holding a trial held that the charge against the Appellant was proved and convicted him of an offence punishable under section 302 of the Indian Penal Code. The Appellant was sentenced to suffer Imprisonment for life and also to pay a fine of Rs. 100/-, in default to suffer RI for one month. The Appellant being aggrieved by the said judgment of conviction and sentence has approached this Court in appeal.

(2.) We have heard Mr. Khamkar, Learned Counsel for the Appellant and Ms. Jhaveri, learned APP for the State. We have gone through the entire evidence adduced before the trial court. We have gone through the impugned judgment. The case of the prosecution before the trial court was as follows:

(3.) As the Appellant pleaded not guilty, the prosecution examined five witnesses in the trial court, all of whom have been referred to above. Ashabai - mother of the Appellant - who was supposed to be the eye witness to the incident, however, could not be examined during the trial. The record shows that it was reported that her whereabouts could not be ascertained.