RAMESHWAR BALABHAU MANGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 14th December, 2012 passed by the learned Additional Sessions Judge, Akot in Sessions Trial No. 36 of 2011 thereby holding the accused/appellant guilty and awarding the conviction under Sec. 302 of the Indian Penal Code and Sec. 3(1) (x) of the SC and ST (Prevention of Atrocities) Act, 1989 and sentencing the appellant to undergo life imprisonment along with fine, in default, to suffer further RI for two years with fine; the appellant is before this Court.

(2.) From perusal of the material, the case of the prosecution is unfolded thus: - -

(3.) Dr. Kalsi, the learned Counsel appearing on behalf of the appellant vehemently submits that the appellant/accused is falsely implicated and submits that there is no material against the appellant and the so called witnesses, who are alleged eye witnesses, are the family members of the deceased and being interested witnesses their version cannot be accepted as a truthful version. She further submits that the prosecution has not examined any independent witness and there is variance in the testimony of the witnesses and the omissions brought on record in the examination of these witnesses make the case of the prosecution doubtful. She also submits that the witnesses are got up witnesses and the report is an after thought material posed against the appellant/accused. The learned Counsel further submits that there is absolutely no material to attract the provisions of the atrocities Act against the accused/appellant. Dr. Kalsi, the learned Counsel then submits that though assuming that there is some material against the appellant and not admitting the same, the material is wholly unsustainable for the conviction of the appellant under Sec. 302 of the Indian Penal Code. She further submits the case would not certainly fall under Sec. 302 of the Indian Penal Code but for a lesser offence.