PARVEZ FARUKH DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Mangaon, District - Raigad in Sessions Case No. 22 of 2015 convicting the appellantaccused for the offence punishable under sec. 302 of the Indian Penal Code (IPC) and sentencing him to undergo imprisonment for life and to pay fine of Rs.1,000.00 (Rupees One Thousand Only), in default, to further suffer simple imprisonment for one month. However, the learned Additional Sessions Judge acquitted the appellant-accused of the offence punishable under sec. 304-B of the IPC.

(2.) In short, the prosecution case runs as under :-

(3.) At the outset, Mr. Vagal, learned Counsel for the appellant-accused, submits that the delay in filing the FIR has not been explained by the prosecution and therefore, on this ground alone, the prosecution case is liable to be rejected. Learned Counsel then next submits that the only ground for conviction of the appellant is the testimony of PW-6, who claimed of having seen the deceased persons on 5/3/2015 at about 5.00 p.m. in the company of the appellant and further claimed to have seen the dead bodies on 6/3/2015 at 7.30 a.m. in the morning. However, according to the learned Counsel, PW-6 was silent till the police approached him on 11/3/2015 for recording his statement. The said witness kept mum for five days. He being the only witness ought to have approached police immediately. No reasons are assigned for unreasonable delay in recording the statement of this witness and therefore, his testimony is not above the board.