KISHOR MANIRAM DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant criminal appeal is filed challenging the judgment and order dtd. 7/1/2016 passed by the learned Additional Sessions Judge, Bhandara in Sessions Trial No.45/2008, wherein the present appellant was convicted for the offence punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code (I.P.C.) and sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs.1,000.00, in default to suffer rigorous imprisonment for three months. The present appellant was also convicted for the offence punishable under Sec. 452 read with Sec. 149 of I.P.C. and sentenced to suffer rigorous imprisonment for five years and also to pay fine of Rs.1,000.00, in default to suffer rigorous imprisonment for three months.

(2.) Brief facts:

(3.) We have heard the learned Counsel for the appellant and the learned A.P.P. on behalf of the State. The learned Counsel for the appellant vehemently submitted that the present appellant has been falsely implicated in the crime and there is no sufficient evidence to convict the appellant. Further, there are several omissions and contradictions in the evidence of eye-witnesses and in the cross-examination, material omissions were brought on record. However, the trial Court has failed to appreciate the evidence in its true perspective. Even all the eye-witnesses, which were examined, are relatives and interested witnesses and no independent eye- witnesses were examined by the prosecution even though they were available.