KAMLESH RAGHUNATH MAHALODHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, original accused, has questioned the correctness of his conviction and sentence by the present appeal, challenging the judgment and order dated 20th December 2011 passed by the learned Additional Sessions Judge, Palghar, in Sessions Case No. 69 of 2010 thereby convicting the appellant for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/, in default of payment of fine to suffer simple imprisonment for three months.

(2.) The facts which can be enumerated from the record, may briefly be stated thus:

(3.) Heard Ms. Rohini M. Dandekar, learned Counsel appointed for the appellant and Mrs. A.S. Pai, learned APP for the respondent State. We have carefully scrutinized the record and also the impugned judgment and order passed by the Trial Court. The learned Counsel for the appellant has submitted before us that there is no evidence at all which would connect the appellant with the present crime. She has further submitted that when PW2 Sakubai went to the house of the appellant, the door of the said house was open. It was not locked either from inside or from outside and the probability of anybody else committing the crime, in view of the facts of the present case, cannot be ruled out. She has further submitted that in view of inadequate and weak legal evidence, the appellant is entitled for benefit of doubt.