VISHWAS NAMDEO DHUNDARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for an offence punishable under Sections 302, 452 and 449 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 20,000/-, in default of which to undergo further RI for one year, RI for seven years and to pay a fine of Rs. 5000/-, in default of which to undergo further RI for six months and RI for seven years and to pay a fine of Rs. 10,000/-, in default of which to undergo further RI for one year, by the Additional Sessions Judge. Pune, by judgment dated 14.05.2010, in Sessions Case No. 320 of 2009, by this appeal questions the correctness of his conviction and sentence. Facts, as are necessary for the decision of this appeal, may briefly be stated thus:-

(2.) On committal of the case to Court of Sessions, the trial court vide Exh. 2 framed charge against the appellant for offence punishable under Sections 452, 449 and 302 of the IPC. The appellant denied his guilt and claimed to be tried. Prosecution, in support of its case, examined six witnesses. The defence of the appellant was of denial. The trial court, upon appreciation of the evidence, convicted and sentenced the appellant as afore-stated.

(3.) We have heard Mr. Bhatkar, learned counsel for the appellant and the learned APP and in order to effectively deal with the submissions advanced before us by the learned counsel for the parties, it would be useful to refer to the evidence of the prosecution witnesses.