ANIL ISHWAR WANKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal takes exception to the judgment and order passed by the learned Additional Sessions Judge, Wardha in Sessions Trial No. 87/2011 thereby convicting the appellant for the offence punishable under Ss. 452 and 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000/ -, in default of payment of fine to further suffer rigorous imprisonment for six months and imprisonment for life and to pay fine of Rs. 5,000/ -, in default of payment of fine, to further suffer rigorous imprisonment for six months. The prosecution story in nutshell as could be gathered from the material placed on record is thus: -

(2.) The learned trial Judge framed the charge. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge convicted the appellant/accused as aforesaid. Being aggrieved thereby, the present appeal is filed.

(3.) Mr. Daga, learned counsel appearing for the appellant submits that all the prosecution witnesses are interested witnesses and as such the conviction on the basis of the interested witnesses would not be sustainable. In the alternative, it is submitted that the assault by the accused on the deceased is on account of provocation as the wife of the appellant had informed to the appellant that the deceased was loving their daughter. He, therefore, submits that the case would fall under Part I or Part II of Sec. 304 and not under Sec. 302 of the I.P.C.