NARSING DHONDIBA POL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who stands convicted by Additional Session Judge, Mumbai, in Sessions Case No. 705 of 2004, vide judge dated 11.09.2008, for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 2,000/ -; in default to suffer rigorous imprisonment for one year, by this appeal, challenges his conviction and sentence.

(2.) BRIEF facts of the appeal can be stated as follows : -

(3.) IN this backdrop, incident giving rise to this case, took place on 19.4.2004. On that day at about 5.30 a.m. P.W.2 Asha Gaikwad -the neighbour of Aruna, noticed that some persons were talking outside the house of Aruna. Hence she came out and went to the house of Aruna. There she found Aruna lying dead on carpet and the appellant was present there. She, therefore, called P.W.1 Madhavi on phone, who came there and gave information of the same to the police. On enquiry by her with the appellant, he admitted his mistake of committing murder of Aruna by strangulating her with nylon rope.