SITARAM HIMMATRAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 14th March, 2007 passed by the Additional Sessions Judge, Washim in Sessions Trial No. 45 of 2006 convicting the appellant for the offences punishable under Sections 302, 363, 379 and 201 of the Indian Penal Code and sentencing him as under, the present appeal was filed by him in this Court.

(2.) In support of the appeal, Mr. R.R. Shrivastava, learned Counsel (appointed) for the appellant made the following submissions:

(3.) Per contra, Mrs. M.H. Deshmukh, learned A.P.P. has vehemently opposed the appeal. She has argued that the evidence regarding last seen is consistent and it satisfies the requirement of law laid down by the Apex Court from time to time. The evidence about discovery/recovery of the silver ornaments has also been satisfactorily tendered before the trial Court and the ornaments have been duly identified and there is no infirmity therein. In the absence of direct evidence, the circumstantial evidence, as brought by the prosecution before the Court is such that, the offences for which the appellant has been convicted has been proved beyond reasonable doubt. The appeal, therefore, deserves dismissal outright.