GAJANAN DATTATRAYA PORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by his conviction for offence punishable under Section 302 of Indian Penal Code and resultant sentence of imprisonment for life and fine of Rs.2,000.00 imposed upon him, the accused Gajanan in Sessions Case No. 166 of 1997 before the learned Additional Sessions Judge, Pune, has preferred this appeal.

(2.) FACTS which led to the prosecution are as under:- Deceased Rajendra used to tease wife of accused Gajanan. Angered thereby, accused Gajanan hit Rajendra on his neck and abdomen with knife. Rajendra's cries attracted his relations and others. Rajendra was carried to Sasoon Hospital, Pune, where he succumbed to his injuries. On the report of one Nivruti Maruti Kamathe, police registered offence. Accused too seems to have reached police station immediately after the incident. Police arrested accused, recorded statements of witnesses, seized incriminating articles and on completion of investigation, sent charge sheet to learned Judicial Magistrate, First Class, Saswad, who committed the case to the Court of Sessions, Pune.

(3.) WE have heard learned counsel for the appellant and learned Additional Public Prosecutor for State. Learned counsel for the appellant assailed the judgment of the Trial Court on the ground that the learned Additional Sessions Judge, Pune, had placed reliance on the so called eye witnesses who were not referred to in the First Information Report. He also submitted that the witnesses referred to in the First Information Report were not examined by the prosecution.