SURESH SAHEBRAO KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the Judgment and order of conviction passed on by the II Additional Sessions Judge, pandharpur in Sessions Case No. 69 of 1989 convicting the accused under Sections 302 and 376 of IPC and sentencing him to suffer R. I. for life for the offence of murder and to suffer R. I. for 7 years for the offence of rape and again was directed that the sentences to run concurrently, the appellant has filed this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by the learned counsel appearing on behalf of the accused/appellant.

(2.) WITH the assistance of the learned counsel for the defence and the learned Prosecutor we have scrutinised the evidence and have reappreciated the evidence on record. The prosecution story as revealed by the reappreciation of the evidence stated briefly is that on 1st May 1989, the complainant sulbha came home in the afternoon around 6. 30 pm. and found that her daughter is missing. She therefore, invited the neighbours and started searching for the missing daughter. The accused join the searching party. After sometime the dead body of victim Pushpa was located by the accused who stumbled on the body and fell over it. Police therefore, started investigation, suspected the accused and therefore, arrested him and after completion of investigation prosecuted him under Section 302, IPC for murder and under Section 376, of IPC for the rape.

(3.) THE learned trial Judge on appreciation of the evidence on record came to the conclusion of guilt and convicted the accused as aforesaid. The prosecution had examined in support of its case, as many as 9 witnesses and accepting their evidence the learned trial Judge convicted the accused.