GAUTAM KAMLAKAR PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are convicted for the offence punishable under sec. 302 of the Indian Penal Code and sentenced to suffer Life Imprisonment and to pay fine of Rs.10,000.00 each in default to suffer R.I. for six months. The appellants are further convicted for the offence punishable under sec. 201 of the Indian Penal Code and sentenced to suffer R.I. for 5 years and to pay fine of Rs.5,000.00 each in default to suffer R.I. for 3 months, by the Additional Sessions Judge, Vasai vide Judgment and Order dtd. 16/2/2018 in Sessions Case No. 76 of 2014. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:

(3.) At the trial the prosecution examined as many as 13 witnesses to bring home the guilt of the accused. However, the entire case of the prosecution rests on the evidence of P.W. 3 Vinay Muley, a panch for recovery of the clothes of the deceased at the instance of accused Gautam; P.W. 4 Dr. Anant Kulkarni who performed the autopsy on the dead body of the deceased ; P.W. 7 Joseph Rodrigues who set the law into motion; P.W. 8 Jeris Pillai, who saw the deceased in the company of the accused; P.W. 9 Martin Moris to whom extra judicial confession was made and P.W. 12 API Santosh Barge who conducted investigation and filed charge-sheet.