BHAGWAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Bhandara dated 9.7.2003 in Sessions Trial No. 52/97, thereby convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 200/ - and in default to suffer R.I. for one month and further convicting the appellant for the offence punishable under Sec. 324 of the Indian Penal Code and sentencing him to suffer S.I. for six months and to pay a fine of Rs. 100/ - and in default to suffer S.I. for 15 days, the appellant has approached this Court. The prosecution case, in brief, as could be gathered from the material placed on record is as under: - -

(2.) At the conclusion of the investigation, a chargesheet came to be filed against the accused in the Court of J.M.F.C., Bhandara. Since the case was exclusively triable by the learned Sessions Court, the same came to be committed to the Court of learned Sessions Judge, Bhandara. The learned trial Judge framed the charges against the accused for the offence punishable under Ss. 302 & 324 of the Indian Penal Code. The accused pleaded "not guilty" and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence as aforesaid. Being aggrieved thereby, the present appeal.

(3.) Shri Junaid Ahmed, the learned Counsel appearing on behalf of the appellant, submits that the prosecution has failed to prove the case beyond reasonable doubt. It is submitted that all the witnesses are interested witnesses and as such, the accused has been falsely implicated. It is thus submitted that the appeal deserves to be allowed and the accused acquitted of the offences charged with.