ANIL LAXMAN HICHAMI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellant has challenged the judgment and order of conviction passed by the learned Sessions Judge, Gadchiroli, in S.C. No. 06 of 2012 dated 30.09.2013, by which he is convicted for the offence punishable under Section 302 of Indian Penal Code. Consequent to the conviction, the appellant is directed to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for a period of one month.

(2.) We have heard Advocate Mir Nagman Ali for the appellant and Shri V.A. Thakare, learned APP for the State. With their able assistance we have gone through in detail the record and proceedings and also the notes of evidence with a view to re-appreciate the entire prosecution case.

(3.) According to learned counsel for the appellant, the prosecution has utterly failed to bring home the guilt of the appellant beyond reasonable doubt. He submits that though there are two written dying declarations and one oral dying declaration made to Banibai (P.W.3), none of these dying declarations are helpful to the prosecution for securing conviction of the appellant. He submits that there are inherent flaws in these dying declarations and, therefore, those cannot be made a basis for appellant's conviction. He, therefore, prays for acquittal of the appellant.