ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The appellant was convicted by learned 1st Ad hoc Addl. Sessions Judge, Aurangabad vide judgment and order dated 15th June, 2002 in Sessions Case No. 109 of 1999 for the offence punishable under Section 307 of Indian Penal Code. He was sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/-. Hence, the present appeal.

(2.) The prosecution case, in short, is as under:-

(3.) Before the learned Addl. Sessions Judge, in all six witnesses, as detailed supra, were examined. Out of them, PW 3 - Sheshrao Gawli is the neighbourer, who had visited the house of the complainant after the incident and PW 4 - Ramdas, who, according to the prosecution, was an eye witness to the entire incident. They, however, turned hostile and did not support the prosecution. The prosecution therefore relied on the statement of PW 2 - complainant and PW 5 - Dr. Dinesh Pagaria.