SK NAWAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by original accused No.1 Shaikh Abdul Rahim alias Shaikh Chand s/o Shaikh Nawab being aggrieved by the order of conviction and sentence passed by 3rd Ad-hoc Additional Sessions Judge, Parbhani in Sessions Case No.98 of 2004, decided on 20/10/2005, whereby the appellant is convicted of the offence punishable under section 302 and 498A of the Indian Penal Code. The appellant is sentenced to suffer imprisonment for life and to pay a fine of Rs.One Thousand, in default to undergo simple imprisonment for three months for the offence punishable under section 302 of I.P.C. No separate sentence is awarded for offence punishable under section 498A of I.P.C.

(2.) Briefly the facts of prosecution case giving rise to this appeal are stated as below:

(3.) In this case there is no eye-witness. The prosecution necessarily wants to rely on circumstantial evidence and we have to find out whether the evidence is sufficient to base conviction.