RAJU ISHWAR BALBUDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 16.12.2008, passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 446/2006, convicting the appellant for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 500/- (Rupees Five Hundred Only), in default to further suffer rigorous imprisonment for three months and further convicting the appellant for the offence punishable under Section 323 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for a period of three months and to pay a fine of Rs. 100/- (Rupees One Hundred Only), in default to further suffer rigorous imprisonment for 15 days, the present appeal was filed by the appellant. In support of the appeal, learned Counsel for the appellant made the following submissions.

(2.) The learned Counsel took us through the entire evidence relied by the prosecution in the trial. He, therefore, prayed for setting aside the impugned judgment and order of conviction and sentence.

(3.) Per contra, learned Additional Public Prosecutor supported the impugned judgment and order and argued that the evidence of P.W.1 Nathu and P.W.2 - Meerabai is consistent and does not create any doubt in relation to the prosecution story, which has been amply proved on record. He, therefore, supported the impugned judgment and order and prayed for dismissal of the appeal.