JANKIRAM PANDURANG BHANDWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :-

(2.) THE appeal is directed against the judgment and order dated 31.3.1992 passed by the Additional Sessions Judge, Buldana, in Sessions Case No.3 of 1992 convicting the appellant/accused for the offence punishable under Section 302 and 309 of I.P.C. and sentencing him to undergo life imprisonment and fine of Rs. 3,000/- in default R.I. for three years on the first count and no separate sentence is passed for the offence under Section 309 of I.P.C.

(3.) THERE is no direct evidence in this case. The entire case rests on circumstantial evidence. Suman died homicidal death is not disputed. On the basis of the evidence of prosecution, the learned trial Judge has held that Suman died of homicidal death, further there is motive, the accused was threatening the deceased, on the day of the incident and time he was present in the village, after the incident he went towards Police Station running having blood stained dagger with him, his clothes and dagger were stained with blood of blood group 'A' that of the accused, one sandle and also cap belonging to the accused was found in the house, the hair on the cap and hair of accused were found similar and taking into consideration the conduct of the accused previous and subsequent, recorded the finding of conviction for murder and also for attempt to commit suicide.