MAHAMMAD SHABBIR AKBAR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, original accused, has questioned the correctness of his conviction and sentence by the present appeal challenging the judgment and order dated 5th July 2011 passed by the learned Sessions Judge, Raigad Alibag in Sessions Case No. 87 of 2010 thereby convicting the appellant for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay fine of Rs.1,000/, in default of payment of fine to suffer simple imprisonment for 3 months. The learned Sessions Judge, Raigad Alibag has acquitted the appellant for the offence punishable under Section 201 of the Indian Penal Code.

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

(3.) Heard Smt. Upadhyay, learned Counsel for the appellant and Mrs. Pai, learned APP for the respondentState. We have carefully scrutinized the record and also the impugned judgment and order passed by the Trial Court. The learned Counsel for the appellant has submitted that there is no evidence at all which would connect the appellant with the present crime. She has further contended that as the identification of the appellant could not be proved by the prosecution at the instance of PW2 Janabai, there is no other link or evidence which shows that the appellant was last seen together in the company of the deceased. She has further contended that in the absence of any other and further cogent and convincing evidence, conviction of the appellant cannot be sustained.