SHRIKANT NARENDRA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD rival arguments on this Criminal Appeal preferred by the appellant/ orig. accused against the judgment and conviction passed in Sessions Case No.2 of 2003 dated 28.8.2003. The Sessions Judge, Sindhudurg-Oras convicted the appellant for the offence punishable under Section 302 and Section 201 of Indian Penal Code and was sentenced to life imprisonment and Rl for two years respectively. Fine amount of Rs.500.00 for each section was imposed. In default of payment of fine, rigorous imprisonment of 15 days each was also imposed. Throughout the trial and during pendency of the investigation also i.e. since the date of the arrest i.e. 3.8.2002, the present appellant/orig. accused was in custody and till today he is in jail.

(2.) THE case of the prosecution, in nutshell, is as under:

(3.) ACCORDING to the case of prosecution, on the evening of 2nd August, 2002 at about 5.30 or 6.00 p.m. the accused met one Smt. Karmelin D'souza (PW4) in the land locally called as "Bharad". This land "Bharad" was belonging to one Manohar Patil. This land was divided into two parts. One was occupied by the accused and his mother for cultivation of vegetables and another part was occupied by PW4 Smt. Karmelin D'souza for growing vegetables and cucumber. According to PW4 Smt. Karmelin D'souza on that evening she saw the accused alone at the said land 'Bharad' and after some talk he left the spot.