SHASHIKANT KESHAVRAO MASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted for an offence punishable under Section 302 of the Indian Penal Code, and sentenced to imprisonment for life and to pay a fine of Rs.1000.00, in default of which, to undergo further Rigorous Imprisonment for six months, by the Third Ad Hoc Additional Sessions Judge, Nagpur, by Judgment dated 6th August, 2005 in Sessions Trial No. 210 of 2004, by this appeal, questions the correctness of his conviction and sentence.

(2.) SUCH of the facts as are necessary for the decision of this appeal may briefly be stated thus:-

(3.) THE entire prosecution case revolves around the evidence of PW 10 Pranali Urkude, who is an eye-witness to the incident. The other eye-witness PW 4 Bhaiyalal did not support the prosecution, and was declared hostile. Panch witnesses to the seizure of the weapon at the behest of the appellant did not support the prosecution. The report of the Chemical Analyzer at Exh.93 indicates that neither the clothes of the appellant, nor the weapon discovered at his instance were found to be stained with human blood. Therefore, the only evidence, which implicates the present appellant, is the evidence of PW 1 Vilas, husband of deceased Savita and PW 10 Pranali, daughter of deceased Savita.