BASUDEV ALIAS VASUDEV BEHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 23-2-2000 by Additional Sessions Judge, brihan Mumbai Sessions Case No. 861/ 1997 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned Advocate appearing on behalf of the appellant before us.

(2.) WITH the assistance of the learned Counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.

(3.) THE prosecution story as it emerges on reappreciation of evidence on record stated briefly is that the accused was related to the victim Kisan and the have peculiar love-hate relations. In the night of 9th and 10th May, the victim Kisan was sleeping in his stall. In the morning at 4. 30 on 10th his dead body was noticed by mother-in-law who raised cry, police were called, investigation was undertaken, accused was arrested and prosecuted. The prosecution contends that the accused killed the victim because of their long standing enmity. Accused denied the guilt and was accordingly tried. The prosecution examined as many as six witnesses and on appreciation of their evidence the learned Judge came to the conclusion that the prosecution has proved the guilt. He therefore convicted the accused under section 302 as aforesaid.