SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. M. R. Daga, learned counsel for the Appellant-accused and Mr. Majumdar, learned A. P. P. for the Respondent-State.

(2.) THIS criminal appeal is directed against the judgment and order passed on 29/9/1999 by the lind Additional Sessions Judge, Achalpur in Sessions trial No. 38 of 1998, whereby the appellant-accused is convicted for the offence punishable u/s. 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and was also directed to pay fine of Rs. 2000. 00.

(3.) MR. Daga, the learned counsel for the Appellant contended that, in the instant case, though prosecution has examined number of witnesses to unfold the prosecution case for the offence charged against the appellant, the trial Court has mainly relied on the extra- judicial confession alleged to have been made by the accused to Alka w/o. Prabhakar Kawalkar (P. W. 3 ). It is contended that the trial Court has, in para 10 of the judgment, clearly stated that Alka (P. W. 3) was Village Officer and was an independent witness before whom the accused admitted guilt of the offence and her testimony is fully corroborated by Bablu s/o. Madhavrao Ingle (P. W. 4), besides the circumstances on record disclosed from the testimonies of Sahebrao Wailaji Wasu (P. W. 1) and Prabhakar s/o. Pralhadrao Kawalkar (P. W. 2 ). Mr. Daga, the learned counsel states that the trial Court, therefore, mainly relied on the evidence of extra judicial confession coupled with the testimonies of other witnesses for recording conviction against the appellant for the offence punishable u/s. 302 of the Indian Penal Code.