TUKARAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal challenges the Judgment and order dated 15th November, 2005, passed by the learned 4th Ad hoc Additional Sessions Judge, Washim, in Sessions Trial No. 42 of 2005, thereby convicting the appellant/accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case, in brief, as could be gathered from the material placed on record, is thus: - -

(3.) MRS . Nisha Gajbhiye, learned counsel appearing for the appellant submits that the prosecution has failed to prove the case beyond reasonable doubt. She submits that all the witnesses are the interested witnesses and as such conviction on the basis of the testimonies of such witnesses, would not be sustainable. She, therefore, submits that the appeal deserves to be allowed and the order of conviction needs to be set aside.