SURESH VITHAL PARKAR 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. 5000/-, in default of which to under go further RI for 15 days, by the Sessions Judge, Thane, by judgment dated 25/9/2014, in Sessions Case No. 143 of 2013, by this appeal questions the correctness of his conviction and sentence. This appeal was admitted by us on 19/12/2014 and while dealing with Criminal Application No. 1613 of 2014, which was filed by the appellant, praying for his release on bail, this court by its order dated 16/1/2015, upon considering the nature of evidence against the appellant, directed that the appeal be listed for hearing out of turn. This court further dispensed with the preparation of a formal paper book in the light of the fact that the appellant had submitted the copies of the deposition of the witnesses. This court, therefore, by the aforesaid order directed that the record and proceedings be called for and the appeal be listed for final haring before this court after receipt of record and proceedings on 30/1/2015. Pursuant thereto, this appeal has been listed before us for hearing.

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

(3.) On the case being committed to the Court of Sessions, trial court framed the aforesaid charge, to which the accused pleaded not guilty and claimed to be tried. Prosecution, in support of its case, examined 9 witnesses. The case against the appellant/accused rests on circumstantial evidence. In support of the said case, the prosecution principally relied on PW 1 Dhanesh, PW 2--Umesh, sons of the appellant and deceased Asha as well as PW 3 -Manisha, daughter of appellant and deceased Asha. Prosecution has also relied on the testimony of PW 6 Arif, a neighbour. The trial court upon appreciation of the evidence, convicted and sentenced the appellant as afore-stated.