BHANUDAS BANDU THITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 22.8.2006 passed by the learned Adhoc Additional Sessions Judge, Pune in Sessions Case No. 453 of 2005. By the said judgment and order, the learned Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and a fine of Rs. 200/- in default RI for two months. The prosecution case briefly stated, is as under:-

(2.) Charge came to be framed against the appellant under Sections 302 & 309 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced by the prosecution, the learned Judge acquitted the appellant of the offence under Section 309 of IPC, however, convicted and sentenced the appellant as state in para 1 above. Hence, this appeal.

(3.) We have heard the learned counsel for the appellant and the learned A.P.P. for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned counsel for the parties, the judgment delivered by the learned Judge and the evidence on record, we are of the opinion that the prosecution case that appellant set Indubai on fire is highly doubtful and the appellant-accused deserves to be acquitted.