DNYANESHWAR TAUBA GONDE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been filed by the appellant, aggrieved by the judgment and order dated 15.01.2015 passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 188/2013, thereby convicting the appellant for the offence punishable under section 302 of I.P. Code and sentencing to suffer imprisonment for life and to pay fine of Rs. 5,000/, in default, to suffer further S.I. for six months and further convicting the appellant for the offence punishable under Section 201 of I.P. Code and sentencing him to suffer seven years rigorous imprisonment and to pay fine of Rs. 1000/, in default to suffer S.I. for one month.

(2.) The brief facts of the prosecution case, in brief, are as under :

(3.) The learned counsel appearing for the appellant submitted that, the prosecution has neither proved motive nor chain of circumstances is complete, even then the trial Court convicted the appellant. It is submitted that, name of the appellant was not appearing in the First Information Report. No motive is alleged against the appellant. Therefore, according to the learned counsel appearing for the appellant, the appeal deserves to be allowed. In support of his contention that, the statement made under Section 164 of Cr.P.C. cannot be used as a substantive piece of evidence, he pressed into service the exposition of the Privy Council in the case of Brij Bhushan Singh V/s Emperor, 1946 AIR(PC) 38 and the judgment of the Supreme Court in the case of Brij Nath Sah V/s State of Bihar, 2010 AIR(SCW) 3900.