MANOHAR KONDIBA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Appeal under Sec. 374(2) of the Code of Criminal Procedure, the Appellant has challenged his conviction for the offence punishable under Sec. 302 of the Indian Penal Code [hereinafter referred to 'IPC'] and the consequent sentence to suffer imprisonment for life and fine of Rs.5,000.00, in default, to undergo Rigorous Imprisonment for six months, recorded by the learned Additional Sessions Judge, Parbhani, in Sessions Case No. 130/2017, vide Judgment and Order dtd. 3/11/2020.

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

(3.) It is submitted by the learned Advocate for the Appellant that, the case is based on circumstantial evidence. There was no evidence to show that the Appellant was present at his house at the relevant time. The blood on the spot of incident and the injuries on the Appellant show that scuffle took place. There were no calls in the CDR to corroborate the version of Informant that he made a phone call on the phone of the deceased. The discovery and seizure of knife at the instance of the Appellant were delayed. Though the Homicidal death is not in dispute, the evidence available on record fall short of establishing the Charge of Murder against the Appellant. In the alternative, he submitted that, even if the evidence on record is accepted as it is, it would be Culpable Homicide not amounting to Murder within the ambit of Sec. 304 Part-II of IPC. The Appeal be allowed by setting aside the impugned Judgment and Order. In support of his submissions, he relied upon the Judgments in;