AKSHAY @ CHHOTYA KACHAR JEDGULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal questions legality of Judgment and Order dtd. 30/12/2016 passed by the Additional Sessions Judge, KhedRajgurunagar, District Pune (for short, "Trial Court") convicting the Appellant (original accused) under Sec. 235(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") for the offence punishable under Sec. 302 of the Indian Penal Code 1860 (for short, "IPC") arising out of C.R. No. 320 of 2013 registered with Narayangaon Police Station and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000.00 and in default of payment of fine to suffer rigorous imprisonment for 4 months.

(2.) The gist of facts which emerge for consideration are as under:-

(3.) Prosecution's case is based on circumstantial evidence. Prosecution has relied on the "last seen together" theory which has been upheld by the learned Trial Court in convicting the Appellant.