PREMLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under Section 302 of Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 2000/-, in default of which to undergo simple imprisonment for two years, by the Ad-hoc Additional Sessions Judge, Gondia by judgment dated 9.3.2010 in Sessions Trial No. 40/07, by this appeal questions the correctness of his conviction and sentence. Facts as are necessary for the decision of this appeal may briefly be stated thus:-

(2.) Postmortem on the dead body of deceased Vandana was performed by PW. 8 Dr. Sabale, who noticed the ligature mark cm in breadth on the right side of the neck and, therefore, opined that cause of death was due to asphyxia due to strangulation. The postmortem report is at Exh. 28. According to PW. 8 Dr. Sabale, the nylon rope could have caused the ligature on the neck of deceased Vandana.

(3.) On committal of the case to Court of Sessions, the trial Court vide Exh. 4 framed charge against the appellant for offence punishable under Section 302 of the Indian Penal Code. The appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined nine witnesses. The defence of the appellant is of denial and has claimed that a false case had been lodged against him. The trial Court upon appreciation of the evidence of the prosecution, convicted and sentenced the appellant as afore-stated.