LAWS(BOM)-2016-8-145

NITESH PUNDLIKRAO KATHE Vs. STATE OF MAHARASHTRA

Decided On August 18, 2016
Nitesh Pundlikrao Kathe Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this appeal filed under Section 374 (2) of the Criminal Procedure Code, the appellant / convict challenges judgment and order dated 31.07.2014 passed by the Additional Sessions Judge, Amravati in Sessions Trial No. 149/2013 holding him guilty of offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life as also imposing fine of Rs. 1000/ and in default thereof, rigorous imprisonment for 6 months. He is also found guilty of offence under Section 315 of Indian Penal Code, but, no separate sentence is awarded because of the larger sentence, punishable under Section 302 of Indian Penal Code, already imposed.

(2.) We have heard Shri Mirza, learned Counsel for the appellant / convict and Shri Thakre, learned A.P.P. for respondent ­ State.

(3.) Shri Mirza, learned Counsel submitted that the circumstances from "A" to "J" looked into by the trial Court as constituting chain do not form a chain of implicating circumstances. Evidence of P.W.4 ­ Sau. Latabai Nimborkar, does not establish presence of the appellant with the deceased in the tenanted room occupied by them just before the incidence. On the contrary, it shows that room was already locked and appellant was outside. He further submits that in this background, alleged events like mere visit to Police Station, production of key of lock before the Constable PW5 Muhekar and reporting murder as alleged, again by itself do not constitute any evidence. He further contents that visit by the Round Officer (P.W.1) to the spot thereafter to verify the position is therefore, inconsequential.