HARIDAS NAMDEO PAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who stands convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 500/-, in default of which to undergo further RI for three months, by the 1st Ad-hoc Additional Sessions Judge, Pandharpur, by judgment dated 27/2/2006, in Sessions Case No. 77 of 2005, by this appeal questions the correctness of his conviction and sentence. The appellant has been convicted and sentenced by judgment dated 27/2/2006. The appellant has filed the present appeal after delay of nearly seven years. In that light of the matter, this court, while deciding Criminal Application No. 136 of 2014, filed by the appellant praying for his release on bail, directed that the appeal filed by the appellant be added to the final hearing board from 17/2/2014. Accordingly, the appeal has been added to the final hearing board and at the request of learned counsel for the appellant, the appeal is heard today.

(2.) Facts as are necessary for the decision of this appeal may briefly be stated thus:--

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 3 framed charge against the appellant for offence punishable under Section 302 of the IPC. The appellant denied his guilt and claimed to be tried. Prosecution, in support of its case, examined 10 witnesses, while the accused in his defence examined two defence witnesses. The trial court upon appreciation of the evidence, convicted and sentenced the appellant as afore-stated.