GANESH BALKRISHNA GAJBHIYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant (hereinafter referred to as 'accused'), is challenging the judgment and order passed by the learned 1st Ad hoc Additional Sessions Judge, Yavatmal. The appellant-accused has been convicted of the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 500/-, in default to undergo rigorous imprisonment for one month. Heard Ms. Shiwang Murthy, learned counsel (appointed) for the appellant and Mr. T. A. Mirza, learned Additional Public Prosecutor for the respondent/State.

(2.) The prosecution case can be summarized as follows:

(3.) Ms. Murthy, learned counsel appointed for the accused submitted that the learned Ad hoc Sessions Judge, Yavatmal has failed to appreciate the evidence in its proper perspective and arrived at an erroneous conclusion. Learned counsel further submitted that though there were independent witnesses available, the prosecution failed to bring before the Court the independent witnesses. She further submitted that the learned Sessions Judge has erred in placing reliance on the witnesses. She submitted that the witnesses namely P.W. 1 Pramod Dhote and P.W. 2 Shalikram Dhote, who are the brother and father, respectively, of deceased Pravin, are the interested witnesses and therefore, their testimony ought not to have been relied upon. Learned counsel for the accused further submitted that as the family members of complainant Pramod were having suspicion over the alleged ill-behaviour of the accused, the accused is falsely involved in the said crime. Learned counsel, therefore, prays for allowing the appeal.