NAMDEO SITARAM BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the order dated 8th March 2002 passed by the IInd Additional Sessions Judge, Kalyan in Sessions Case No.221 of 1998 convicting and sentencing the accused-Appellant under Section 302 of the Indian Penal Code to suffer imprisonment for life and a fine of Rs.400/-, the Appellant-accused has preferred this Appeal on the grounds mentioned in the Memo of Appeal as also verbally canvassed before us by the learned Counsel appearing on behalf of the accused.

(2.) With the assistance of the learned Counsel appearing for the defence and the learned Additional Public Prosecutor, we have scrutinised the oral and documentary evidence on record. The prosecution has examined in this case ten witnesses to prove that accused was the person responsible for homicidal death of the victim and circumstances in which it was caused rendered that homicidal death to be murder as defined under Section 302 of the Indian Penal Code.

(3.) The prosecution story, stated briefly, is :