SURESH VISHNU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dated 8th February, 2007 passed by the Ad-hoc Additional Sessions Judge, Islampur in Sessions Case No.52/05 thereby convicting the Appellant for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) The facts which are necessary to decide the present Appeal can in brief be stated as under :

(3.) Heard Mr. Chaudhary, learned counsel for the Appellant and Smt. Bhosale, learned APP for the State. Mr. Chaudhary, learned counsel for the Appellant submitted that as the wife of the Appellant was having illicit relations with deceased Bhagwan Bhosale, complainant Lata Bhosale and the close relatives of Bhagwan Bhosale have falsely implicated the Appellant in the present crime with a view to take revenge of the said act. He further contended that the material witness i.e. P.W.5 Hanmant Shinde and P.W.8 Ajay Nangre did not support the prosecution case and therefore, there is no sufficient evidence to sustain the conviction of the Appellant in the present crime. Mr. Chaudhary lastly urged that the present Appeal may be allowed by setting aside conviction of the Appellant.