SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and order dated 29.2.2012 passed by the learned Ad-hoc Additional Sessions Judge, Amravati, in Sessions Trial No. 165 of 2009, thereby convicting the appellant/accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 3000/- and in default of payment of fine to suffer rigorous imprisonment for three months, for the offence punishable under section 363 of the Indian Penal Code to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 1000/- and in default of payment of fine to suffer rigorous imprisonment for one month and for the offence punishable under Section 201 of the Indian Penal Code to suffer rigorous imprisonment for one and half year and to pay a fine of Rs. 1000/- and in default to suffer rigorous imprisonment for one month, the appellant has approached this Court. The prosecution case, in brief, is as under:

(2.) Ms. Saikhede, the learned counsel appointed on behalf of the appellant submits that though the present case is a case of circumstantial evidence, the prosecution has failed to prove incriminating circumstances and secondly failed to establish a chain which is so interwoven to each other that leads to no other conclusion than the guilty of the appellant. She, therefore, submits that the appeal deserves to be allowed and the accused be acquitted.

(3.) As against this, the learned APP submits that the prosecution has proved all the incriminating circumstances and further proved that the incriminating circumstances taken together lead to no other conclusion than the guilt of the accused. It is, therefore, submitted that the appeal deserves to be dismissed.