MADHAV BHAIROBA SHIRFULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 [hereinafter referred to as 'Cr.PC' for short] against the Judgment and Order dated 06112015, passed by the learned Additional Sessions Judge, Bhokar, in Sessions Case No.022014 convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 [hereinafter referred to as 'IPC' for short] and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.15000.00, in default, to undergo R.I. for two years.

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

(3.) The learned Trial Court framed the Charge against the Appellant and co-accused for the offences punishable under Sec. 302 read with Sec. 34 of IPC. To prove the Charge, Prosecution examined in all twenty (20) witnesses. After the Prosecution closed it's evidence, the statement of the Appellant and the co-accused came to be recorded under Sec. 313(1) (b) of Cr.PC. They denied the Prosecution's case. On appreciating of the evidence, the learned Trial Court passed the impugned Judgment acquitting the co-accused No.2 - Dnyaneshwar and convicting the Appellant as referred above in Paragraph No.1.