RAGHUNATH JIROJI DHURVE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Amravati dated 20.1.2015 in Sessions Trial No. 118/13, thereby convicting the appellant for the offence punishable under Sec. 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000.00 and in default, to suffer R.I. for six months, the appellant has approached this Court.

(2.) The prosecution case as could be gathered from the material placed on record, in brief, is thus :

(3.) On the basis of oral report of PW.2 Bhimrao, the First Information Report came to be lodged below Exh. 20 for the offence punishable under Sec. 302 of the Indian Penal Code. Investigation was set into motion. The postmortem of the deceased was conducted. The accused was arrested and his blood stained clothes were also seized. At the conclusion of investigation, a charge-sheet came to be filed against the accused in the Court of learned J.M.F.C., Warud for the offence punishable under Sec. 302 of the Indian Penal Code. However, since the case was exclusively triable by the Court of Sessions, the same came to be committed to the learned Sessions Judge, Amravati. The learned trial Judge framed the Charge below Exh. 7. The accused pleaded "not guilty" and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence as aforesaid. Being aggrieved thereby, the present appeal has been filed.