RAJESH BABULAL KURLIBANS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 108/2010, appellant Rajesh was convicted for offense under Section 302 of IPC, to undergo rigorous imprisonment for life and to pay fine of Rs. 500/- with default stipulation; and for offense under Section 452 of IPC, to undergo rigorous imprisonment for three years and to pay fine of Rs. 300/-; in default, rigorous imprisonment for one month, recorded by order dated 30th August, 2011, by learned Additional Sessions Judge, Dhule. The conviction and sentence is questioned. The appeal is admitted on 20th Dec, 2011. Heard.

(2.) FACTS:

(3.) Shri Jadhav, learned Counsel for the appellant says, the matter proceeds on three circumstances; (A) direct evidence of P.W. No. 1 and P.W. No. 6, (B) appellant was apprehended at the spot, (c) his clothes were found smeared with blood. Chemical Analyzer's report suggests blood on his clothes was of human nature.