DATTU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant has assailed the judgment and order dtd. 25/9/2014, passed by the learned Additional Sessions Judge, Niphad, in Sessions Case No.47 of 2012, convicting and sentencing him, as under:- - for the offence punishable under Sec. 302 of the Indian Penal Code ('IPC') to suffer imprisonment for life and to pay a fine of Rs.2,000.00 in default, to suffer rigorous imprisonment for one year.

(2.) A few facts as are necessary to decide the aforesaid appeal are set out hereinunder :-

(3.) Learned counsel for the appellant submitted that the prosecution had not proved its case beyond reasonable doubt and as such the appellant be acquitted of the offence, for which he was convicted. He submitted that the circumstances on record were far from sufficient to convict the appellant for the said offence. He submitted that the appellant has primarily been convicted, having regard to Sec. 106 of the Evidence Act i.e. as the appellant had not explained the circumstances against him or discharged the burden cast on him under Sec. 106 of the Evidence Act. He submitted that the last seen evidence of PW1 cannot be termed as last seen having regard to the evidence that has come on record. He further submitted that apart from the said evidence, there is no other evidence to connect the appellant with the alleged offence.