SAU PANCHFULA RAMKUSAN UKEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has approached this Court being aggrieved by the Judgment and Order passed by the learned Additional Sessions Judge, Bhandra, dated 7.1.2013 in Sessions Trial Case No.26 of 2011 thereby convicting the present appellant for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/; in default to suffer rigorous imprisonment for six months.

(2.) The prosecution case, in brief, as could be gathered from the material placed on record, is thus :

(3.) Mr. D.V. Chauhan, learned Counsel for the appellant submits that the learned trial Judge has grossly erred in convicting the appellant. The learned Counsel submits that the witnesses are interested witnesses and not only that, their evidence is also contrary to each other. The learned Counsel for the appellant further submits that, in any case, the case for the offence punishable under Section 302 of the Indian Penal Code would not be made out, inasmuch as from the evidence of prosecution witnesses itself, it would reveal that there was no intention on the part of the accused to commit murder of the deceased.