SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal, under Section 374(1) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.'), has been directed against the judgment and order dated 16-08-2014 passed by the learned Additional Sessions Judge, Latur, in Sessions Case No. 124 of 2013, thereby convicting the appellant / accused under Section 302 of the Indian Penal Code (hereinafter referred as 'I.P.C.') and sentencing him to undergo imprisonment for life and pay fine of Rs.2,000/- (Rupees Two Thousand only), in default to undergo further rigorous imprisonment for two months.

(2.) Facts unfolding the case of the prosecution in the nutshell are as under :

(3.) Mr. Tandale, learned advocate, while taking us through record, vehemently argued that the case of the prosecution is mainly based on the evidence of Vikas Gaikwad (PW3), son of the appellant / accused and deceased Umabai, who was 9 years old child when the incident took place. Therefore, his evidence should be evaluated more carefully and with greater circumspection, and it should be corroborated by other cogent evidence. Prosecution has not examined father or elder son of the appellant / accused to corroborate the evidence of Vikas (PW3). Non examination of father and elder son of appellant / accused, though available, is fatal lapse on the part of prosecution. Moreover, in view of the admission given by Vikas (PW3) in his cross examination that since the death of mother Umabai he is residing with his sister Sheela (PW2) and she is incurring his educational expenses, it would not be legal and proper to rely on his solitary evidence, for basing conviction of accused.