GIRDHAR ATMARAMJI DIWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. Daga, learned Counsel for the appellant, and Shri. Loney, learned Additional Public Prosecutor for the respondent.

(2.) THE criminal appeal is directed against the judgment and order dated 6-11-1998 passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 131/1997 whereby appellant/accused is convicted for the offence punishable under Section302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of rupees one thousand, in default, to suffer rigorous imprisonment for one month.

(3.) ON the other hand, Shri. Loney, learned Additional Public Prosecutor for the respondent, states that evidence of PW2 Yuvraj and PW3 Anil is truthful and cogent and prosecution has succeeded in proving the fact of extra judicial confession made by the accused to these witnesses. It is contended that conviction can be based on the sole testimony of extra judicial confession of the accused, if evidence in this regard is cogent and trustworthy. In order to support his contentions, reliance is placed by the learned Additional Public Prosecutor on the judgments of the Apex Court in Piara Singh and others Vs. State of Punjab (AIR 1977 SC 2274) and State of U. P. Vs. M. K. Anthony (AIR 1985 SC 48 ).