SAGAR BHAGWAN DHEMBRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned Additional Sessions Judge, Pune, by judgment and order dtd. 7/3/2015, has convicted Shri. Sagar Bhagwan Dembre (originally Accused No. 1, hereinafter referred to as "the Appellant ") of the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (for short, "IPC "). The learned Sessions Judge has sentenced the Appellant to suffer imprisonment for life, to pay a fine of Rs.5,000.00, and in default thereof, to undergo rigorous imprisonment for one year. The Appellant is in appeal against the said judgment and order convicting him in Sessions Case No. 173 of 2015. The Trial Court has concluded that the guilt of the Appellant has been proved beyond reasonable doubt on the basis of the evidence on record, despite minor shortcomings in the Prosecution 's case.

(2.) Before we advert to the submissions made by the respective advocates and to the reappraisal of the evidence on record, it will be apposite to refer to the relevant facts of the incident briefly.

(3.) The Prosecution examined in all sixteen witnesses in support of its case. No defence witnesses were produced before the Trial Court. The statement of the Appellant was recorded under Sec. 313 of the CrPC. The Trial Court, after recording evidence and hearing the parties, was pleased to pass the impugned judgment and order dtd. 7/3/2015, convicting the Appellant of the offences punishable under Sec. 302 read with Sec. 34 IPC.