BHANUDAS BAGAJI SALVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (hereinafter referred to as "the accused") impugnes the judgment and order dated 20-8-1999 passed by the learned sessions Judge, Ahmednagar, in Sessions case No. 165 of 1998 by which the accused has been convicted for an offence punishable under section 302 of the Indian Penal code and has been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to undergo further rigorous imprisonment for a further period of 15 days.

(2.) The brief case of the prosecution as emerges from the record is as under :

(3.) After committal of the case to the Sessions court and framing of the charge, the trial commenced. At the trial, the prosecution examined 11 witnesses to prove its case. Amongst these witnesses were five eye-witnesses i. e. P. W. 4 Chhabu who was neighbour, P. W. 5 Malan wife of Rohidas brother of the deceased, P. W. 6 Housabai who was a neighbour, P. W. 9 Saibai who was sister of the accused and the deceased and P. W. 10 Ashok who was brother in law of the accused and the deceased. All these five eyewitnesses were declared hostile. P. W. 3 nandabai wife of deceased Chilu was examined as a witness on motive for the commission of the crime. P. W. 7 Dr. Bhaskar ranavare was examined to prove the injuries found on the dead-body. P. W. 8 bholanath was examined to prove the discovery of a knife at the behest of the accused. P. W. 1 Popat Khotkar was examined to prove the sketch. P. W. 2 Anna Pawar was examined to prove the inquest Panchanama. P. W. 11 PSI Shrikrishna Rajdeo who was the Investigating Officer was examined to prove the nature and the coarse of investigation conducted by him. The defence did not lead any evidence. The case of the defence was of total denial and false implication. On the basis of the oral evidence and other documents produced before the Court, the Sessions Court passed the impugned judgment and order convicting and sentencing the accused as aforesaid.