LAXMAN MADHUKAR SARNAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in the present Appeal is to the Judgment and Order dtd. 22/12/2008 passed in Sessions Case No.117 of 2007 by the Additional Sessions Judge, Palghar, whereby Appellant is convicted for an offence punishable under Sec. 302 of the Indian Penal Code (for short " IPC ") and is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.3000.00, in default of payment of fine, to suffer further rigorous imprisonment for a period of one year.

(2.) Brief facts of the case are as under :

(3.) It is the contention of learned counsel for Appellant that, the Trial Court has not considered the evidence produced on record properly and has erroneously come to the conclusion that, Appellant has committed the crime. The prosecution has not proved its case beyond reasonable doubt. There are material contradictions in the evidence of prosecution witnesses. There are ambiguities in the statements of witnesses but it was not considered by the Trial Court. PW-2 Babita Joshi, eye-witness, has stated that, she had already witnessed Chitra being beaten up, then why did she leave her alone for further torture. After some time, she returned back and found Chitra unconscious. It shows ambiguity in her evidence. Her house was 10 to 15 feet away from the house of Appellant. It was impossible that, this witness could have heard screams of Chitra. Learned counsel further submitted that, it has come in the evidence of PW-3 Tulsi Joshi that, she had gone to Appellant's house when he was beating Chitra but this witness has not referred the presence of PW-2 Babita being there. It creates doubt about the evidence of this witness.