ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 8.5.2008, passed by the Sessions Judge, Gadchiroli, convicting the appellant/accused - Ashok for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life, the present appeal was filed by the original accused/appellant. In support of the appeal, learned Counsel for the appellant vehemently made the following submissions.

(2.) Per contra, the learned Additional Public Prosecutor supported the impugned judgment and order and argued that the ocular account of the witnesses examined by the prosecution, namely Ambabai Sarpe, Kavita Raut and Lilabai Kapat is consistent and has not been at all shaken in the cross-examination. There is no reason why the evidence could be discarded as argued by the learned Counsel for the appellant. The First Information Report was immediately lodged after the incident and the attack made by the appellant was so dastardly that Vasanta expired on the same day. The learned Additional Public Prosecutor, therefore, prayed for dismissal of the appeal.

(3.) We have gone through the impugned judgment and order made by the learned trial Judge. We have seen the entire evidence with the assistance of the learned Counsel for the parties. We have heard the learned Counsel for the rival parties.