RAJENDRA YESHWANT KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the advocate for the appellant and the learned APP for the State.

(2.) This Appeal arises from the Judgment, dated 14th January, 2003, passed in Sessions Case No. 252 of 1999 by the Additional Sessions Judge at Mumbai, convicting the appellant of the offence punishable under section 302 of the Indian penal Code and sentenced him to suffer imprisonment for life and further to pay a fine of Rs. 5,000/- (Rupees five thousand only) , in default, rigorous imprisonment for one year.

(3.) The facts relevant for the decision in this Appeal are that on 17th october, 1998, PSI Rane at Borivali Police station received a telephone call from psi Hatkar about some untoward incident had taken place at the residence of Sub inspector Mr. Kadam, the appellant herein. Pursuant to which Mr. Rane visited the house of Mr. Kadam, the appellant-accused and found that there were two dead bodies of female persons in the house of Mr. Kadam. Thereupon FIR came to be lodged and investigation commenced. On completion of the investigation charge-sheet came to be filed and pursuant to the committal of the case to the court of Sessions on 11th of February, 1999, the prosecution led its evidence consisting of seven witnesses and in answer the appellant-accused examined three witnesses. On analysis of the evidence on record, the learned Additional sessions Judge convicted the appellant-accused of the offence under section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs. 5,000/- (Rupees five thousand only) , in default, RI for one year.