MAHAVIR RAGHUNATHRAO HULUNGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal challenges the legality of Judgment and Order dtd. 8/4/2014 passed by learned Additional Sessions Judge, Greater Mumbai in Session case no. 534 of 2012, convicting Appellant for offence under Sec. 235(2) of Criminal Procedure Code, 1973 (for short "Cr.P.C.") for committing offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short "IPC") and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000.00 and in default thereof to suffer further rigorous imprisonment for a period of 6 months.

(2.) Prosecution case is based on circumstantial evidence Appellant is convicted for the murder of his wife Lata (deceased) on 30/4/2012. Defence raised by Appellant before the trial court is that, Lata was maintaining illicit relations with one Mohmmad Shaik; Appellant saw Mohmmad Shaik attacking Lata with a knife at around 4:00 p.m. in room No.115, Mane chawl, Khindipada, Bhandup (West) and intervened to protect her from the attack; in the process Appellant suffered three minor injuries on his palms below the fingers.

(3.) Facts of the prosecution case which emerge from the record are as under: