PUNDLIK GOVIND KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Advocate Mr Abhaykumar Otswal for the appellant and Ms S. N. Deshmukh, learned A.P.P. for the respondent/State.

(2.) Challenge in this appeal is to the judgment and order of conviction and consequential sentence passed by the Court of the Additional Sessions Judge-5 at Latur, District Latur in Sessions Case No.58/2018 on 21/01/2021. Vide impugned judgment and order, the appellant has been convicted for offence punishable under Sec. 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life.

(3.) The appellant has challenged the judgment and order of conviction on several grounds elaborately stated in the memorandum of appeal under Sec. 374 of the Code of Criminal Procedure, primarily contending that the prosecution has utterly failed to establish the guilt of the accused beyond reasonable doubt. Main thrust of the arguments of the appellant is that the alleged eyewitnesses cannot be considered as trustworthy so as to conclusively arrive at a decision of guilt of the accused on the basis of the their evidence. The appellant's contention is that the entire prosecution case rests on the evidence of eyewitnesses PW-2 and PW-3 and in view of the ample evidence on record, it is submitted that they are planted witnesses. The appellant, therefore, submits that, ignoring the evidence of the two planted eyewitnesses, there is absolutely no evidence to establish the guilt of accused beyond reasonable doubt, and therefore, the impugned judgment and order is assailed.