VISHAL PRADEEP TORNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal filed under Sec. 374(2) of the Code of Criminal Procedure [hereinafter referred to as 'Cr.P.C.'], is directed against the Judgment and Order dtd. 24/5/2021 passed by the learned Additional Sessions Judge, Shrirampur, in Sessions Case No.18/2018, convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code [hereinafter referred to as 'IPC'] and sentencing him to suffer Rigorous Imprisonment for life and pay fine of Rs.10,000.00, in default, to suffer Rigorous Imprisonment for six (6) months.

(2.) The Prosecution's case as revealed from the Police Report, is as under :-

(3.) It is submitted by the learned Advocate for the Appellant that, the Prosecution examined three (3) eye-witnesses. Their testimony is unbelievable as their statements were recorded after seven days from the incident. One of the eye-witnesses was one of the Suspects in the incident which resulted in the death of Deceased. One of the eye- witnesses did not support the Prosecution. The First Information Report is lodged on Suspicion. No blood was found on the stick seized during the investigation. The other evidence on record is not sufficient to prove the Charge. The learned Trial Court did not appreciate the evidence in its correct perspective. The Appellant was entitled for acquittal.