PUNDLIK BASU CHAVAN Vs. THE STATE OF MAHARASTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7th June, 2011 passed by the learned Additional Sessions Judge, Gadhinglaj, Kolhapur, in Sessions Case No. 13 of 2010, convicting and sentencing the appellant as under :

(2.) The prosecution case in brief is as under :

(3.) Mr. Ingawale, learned Counsel for the appellant assailed the judgment and order on several grounds. He submitted that the prosecution has not proved its case beyond reasonable doubt. He submitted that most of the material witnesses were declared hostile and in the absence of any material evidence qua the appellant, it was unsafe to convict the appellant and as such, benefit of doubt be given to him. He submitted that the prosecution case is riddled with infirmities, inasmuch as, no reason/motive has come on record for the appellant to murder Gulabi; that it was highly improbable that the appellant would lift the gunny bag and load it in the complainant's vehicle all by himself; and that if the appellant wanted to dispose of the dead body, he would not have loaded all the utensils/domestic articles in the said vehicle. He submitted that non-disclosure by the complainant-Kasim, immediately to the Police Stations, which were on the way before reaching Gadhinglaj, on learning that there was a dead body in a gunny bag, makes the prosecution case doubtful. He further submitted that there is no evidence to show that the appellant was living with Gulabi at Waghrali, as none of the witnesses i.e. neighbours who were examined, have supported the prosecution case. He submitted that in view of the improbabilities and inconsistencies in the evidence as well as in the medical evidence, the appellant be given the benefit of doubt and be acquitted.