NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (hereinafter referred to as "the accused") takes exception to the judgment and order dated 6.3.2009 passed by the Ad-hoc Additional Sessions Judge-2, Wardha in Sessions Trial No. 120/07 convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life. The accused has been convicted for causing the murder of one Manohar Chopde. Briefly, the prosecution case is as under:-

(2.) In Sessions Case No. 120/07, charge was framed against the accused for the offence punishable under Section 302 of the Indian Penal Code. He pleaded 'not guilty' to the charge. The prosecution to prove the charge against the accused examined 12 witnesses and produced several documents in support of the charge. The defence of the accused is of total denial and false implication. The learned trial Judge upon appreciation of the evidence held that the prosecution was able to establish the offence of murder beyond reasonable doubt against the accused and consequently, convicted and sentenced him as above.

(3.) The trial Court placed reliance upon the evidence of four eye-witnesses, namely, Sukhdeo Ghagare P.W. 4, Pravin Marape P.W. 5, Harishchandra Kuhike P.W. 2, who turned hostile and Gulab Tople P.W. 6. The learned trial Court also relied upon the medical evidence tendered through Dr. Bhupendra Gathe P.W. 7 who had conducted postmortem examination and also that of Dr. Sachin Diwekar P.W. 7 who had examined Sukhdeo Ghagare P.W. 4. The learned trial Court also relied upon the spot panchnama (Exh. 23), inquest panchnama (Exh. 24) and seizure panchnama (Exh. 25).