NITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has been convicted on charge of murder under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 500/-, in default to suffer rigorous imprisonment for three months.

(2.) LEARNED Advocate for the appellant urged before us that the Trial Court has not discussed the evidence nor has given reasons in support of the finding except for enumerating as to what was stated by the learned Advocate for accused as also by learned APP and time and again has stated that what has been argued by learned APP, is right. According to learned Advocate for the appellant, there is no independent application of mind to the evidence and the judgment suffers from lack of reasoning. It is also pointed out by him that certain incriminating circumstances have not been put to the accused and in this connection our attention has been drawn to the testimony of Satyabhama (PW 8) who has deposed that she saw the accused assaulting doctor by Kikara, but the said incriminating circum-stance has not been put to the accused. Therefore, learned Advocate for the appellant urged before us that the matter be remanded to the Trial Court so that all incriminating cir-cumstances are put to the accused as also a reasoned judgment is delivered.

(3.) LEARNED APP has also submitted before us that the Trial Court judgment suffers from lack of adequate reasoning and assessment of evidence of prosecution witnesses as also that important incriminating circumstance revealed in the evidence of Satyabhama (PW 8) has not been put to the accused.