HARILAL MEVALAL GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment and order dated 29 July 2004 passed by the IInd Ad-Hoc Additional Sessions Judge, Kalyan in Sessions Case No.23 of 2003, thereby convicting the appellant under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer life imprisonment and to pay fine of Rs.2000/-, in default of which to suffer simple imprisonment of 6 months. By this appeal, the appellant questions the correctness of the said conviction and sentence.

(2.) The facts, as enumerated from the record, are as under:

(3.) Shri Apte, the learned Counsel for the appellant has submitted before us that the prosecution has failed to examine the wife of the present appellant during the course of the trial who could have been the best witness to narrate the correct position of facts which had taken place at the residence of the accused. The learned Counsel for the appellant has further contended that the prosecution has not examined any other person or neighbour from the vicinity of the appellant though the house of the appellant is situated in populated area. The leaned Counsel for the appellant has submitted that in his 313 statement the appellant has taken a specific plea that the victim Pramila was deserted by her husband and was insisting appellant to marry with her. But when the appellant refused the said proposal on the ground that he is already married and having children, Pramila took the extreme step and he has been involved in a false case.