BALASAHEB RANGNATH WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this Criminal Appeal preferred by the appellant/orig.accused challenging his conviction in the matter of offence punishable under Section 302 of Indian Penal Code.

(2.) The appellant/accused was convicted vide judgment and order dated 27.1.2004 passed by II Adhoc Additional Sessions Judge, Nashik in Sessions Case No.3 of 2003. For the offence punishable under Section 302 of IPC, the appellant was sentenced to suffer imprisonment for life and to pay fine of Rs.3000/ in default to suffer RI for six months. However, he was acquitted for the offence punishable under Section 498A of Indian Penal Code. Admittedly, there is no appeal preferred against the acquittal of the appellant for the charge under Section 498A of IPC. The accused challenged his conviction for the offence punishable under Section 302 of IPC. From the date of arrest of the appellant till date, the appellant is in custody.

(3.) The case of the prosecution in nutshell is as under :