MAHESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the Judgment and Order dated 04th June, 2012, passed by learned District Judge -6 and Additional Sessions Judge, Nagpur, in Sessions Trial No. 346 of 2011 convicting the appellant -accused of offence punishable under Section 302, Indian Penal Code, and sentencing him to undergo Rigorous Imprisonment for Life and to pay a fine of Rs. 1,000/ -, in default, to suffer Simple Imprisonment for three months, the present appeal was filed by the appellant -Mahesh.

(2.) THE appellant -accused had married deceased Sonu following the love affair, as they were nearby neighbourers residing at Takiya, Dhantoli, Nagpur, though they belonged to different castes. Hardly, after two months of the marriage, there used to be quarrels between them and Sonu went to her parents' house, which is just near the house of the accused. The accused used to suspect her. In fact, she had lodged a complaint with Police Station about the assault on her by him and offence under Section 324, Indian Penal Code, was registered against him.

(3.) IN support of the appeal, learned Advs. Mr. A.K. Bhangde and Mr. Daruwal for the appellant submitted that the learned Trial Judge relied upon the testimony of interested witnesses, i.e., father, mother and sister of deceased Sonu. They being the interested witnesses, their evidence should have been rejected, apart from the fact that the same did not inspire confidence. The counsel for the appellant then submitted that the prosecution completely failed to prove its case, as it was impossible to see the alleged murder at the night time and there was no evidence about any electric illumination on the spot. In the alternative, the counsel for the appellant then submitted that no offence under Section 302 for murder was proved, and at the most, the case would fall under Section 304 Part II, Indian Penal Code. In support of the arguments, the counsel cited the following Supreme Court judgments: -