BHIMRAO RAGHU SONAVANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, original accused, has preferred the present appeal challenging the impugned judgment and order dated 13th January 2012 passed by the District Judge-4 and Additional Sessions Judge, Sangli, in Sessions Case No.144 of 2011, thereby convicting the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine of Rs.5,000/, in default of payment of fine to undergo further rigorous imprisonment for one year. The appellant has questioned the correctness of the said impugned judgment and order dated 13th January 2012.

(2.) The facts which can be enumerated from the record, may briefly be stated thus:

(3.) Heard Mr. Abhijeet A. Desai, learned Counsel appointed for the appellant and Mrs. A.S. Pai, learned APP for the State. Learned Counsel for the appellant submitted that there is no direct evidence in the present case, as the evidence of PW1, PW2 and PW3 are selfcontradictory to each other and therefore same cannot be relied upon. He has further submitted that the prosecution has failed to prove the motive and/or intention of the appellant. He therefore submitted that the appellant is entitled for benefit of doubt and prayed that the present appeal may be allowed. Per contra, the learned A.P.P. for the respondentState submitted that, the present case is based on direct evidence i.e. ocular evidence of PW2 and PW3 and the same is corroborated by recovery of the weapon at the instance of the appellant and the reports of the Chemical Analyzer. She therefore urged before us that, the present appeal may be dismissed thereby confirming the judgment and order passed by the Trial Court.