SACHIN NANDU BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in the present Appeal is to Judgment and Order dtd. 15/10/2013 passed in Sessions Case No. 198 of 2011 by Additional Sessions Judge, Pune, whereby Appellant is convicted for an offence punishable under Sec. 302 of the Indian Penal Code (for short ' IPC ') and sentenced to suffer imprisonment for life and pay a fine of Rs.5,000.00 in default of payment of fine to suffer further rigorous imprisonment for 3 months.

(2.) Brief facts of the case are as under:- On 19/12/2010, first informant Pandharinath Jadhav, lodged report in Jejuri Police Station, stating that, he has received information from his neighbor Balu Bhalerao that, Khandu Dikhale resident of their locality had died in an under construction building at Khomane locality and his death appears to be suspicious. Accordingly, first informant visited incident spot, he saw that dead body of Khandu was lying on ground in pool of blood. There were injuries on his forehead. A stone was lying near him. He reported about this incident to Police. On his report, Police registered FIR against unknown person. During investigation, Police arrested Appellant for committing murder of Khandu.

(3.) After completion of investigation charge-sheet was filed against the Appellant. The case was committed to Additional Sessions Court, Pune. Charge was framed against Appellant. He pleaded not guilty and claimed to be tried. To prove it's case, prosecution has examined 13 witnesses. Statement of Appellant under Sec. 313 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') was recorded. Defense of Appellant was of total denial. 3.1. Considering evidence on record and submissions of both learned counsel, the trial Court has convicted Appellant as referred above.