LILADHAR LATKAN SAPKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the appellant, aggrieved by the judgment and order passed by the Additional Sessions Judge, Jalgaon on 8th December, 2011, thereby convicting the appellant for the offence punishable under section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/, in default, to suffer further R.I. for two months.

(2.) The prosecution case, in brief, is as under :

(3.) The learned counsel appearing for the appellant submits that, evidence of PW2 and PW4, who claimed to be the eye witnesses to the incident, could not have been believed by the Sessions Court. It is submitted that, though PW2 Latabai is the wife of the deceased and PW4 brother of the deceased, they did not accompany Suresh to the hospital. It is submitted that, conduct of PW2 and PW4 in not accompanying the deceased to the hospital is most unnatural, and therefore, they are not reliable witnesses. It is submitted that, the PW4 in his evidence stated that, he was sitting on cot just 10 Ft. away from the place of occurrence, however, he did not see actual assault, which itself creates a serious doubt about the evidence of PW4. It is submitted that, the motive alleged by the prosecution that, the appellant was suspecting that the deceased had illicit relations with his wife, cannot be believed since one and half year before the date of incident, the wife of the appellant was divorced. It is submitted that, the appellant had no criminal antecedents and he was never involved in any commission of crime. The accused is in jail since his date of arrest, and therefore, he deserves to be acquitted. It is submitted that, none of the witnesses, who accompanied the deceased to the hospital, are examined by the prosecution, and therefore, the entire prosecution story appears to be suspicious. It is submitted that, without admitting but assuming that, the alleged offence has been committed by the appellant, at the most the said offence would fall under Section 326 of the Indian Penal Code. It is submitted that, once offence is covered under Section 326 of the Indian Penal Code, the appellant deserves to be given benefit of provisions of Probation of Offenders Act, in as much as, he has not committed any offence prior to alleged commission of offence. Therefore, the counsel appearing for the appellant submits that, the appeal may be allowed.