MEHEBOOB HUSAIN MULJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 24/03/2022, passed by the learned Sessions Judge, Latur, in Sessions Case No.63/2019, convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 [hereinafter referred to as 'IPC'] and sentencing him to suffer Rigorous Imprisonment for life and to pay fne of Rs.10,000.00, in default, to suffer Imprisonment for ten [10] months.

(2.) The Prosecution's case as revealed from the Police Report is as under : -

(3.) It is submitted by the learned Advocate for the Appellant that, the case is based on the testimony of child witness and his testimony is not trustworthy. After the incident, the child did not call his grandparents and he went to the maternal grandparents. The child witness was tutored by his maternal grandparents. The Appellant had gone to answer the nature's call and when he came home, he saw his wife dead and he got frightened and therefore ran away. The evidence on record do not establish the Charge and the learned Trial Court has wrongly convicted the Appellant. The Appeal be allowed by setting aside the conviction and sentence of the Appellant. He cited the Judgment in Hari Om Alias Hero Vs. State of Uttar Pradesh; [2021] 4 SCC 345.