MAROTI PIRAJI BHASKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original accused, by this appeal under Section 374 of the Code of Criminal Procedure, 1973, challenges the judgment and order dated 30.9.2006 delivered by Adhoc Additional Sessions Judge, Biloli, in Sessions Case No.60 of 2005. By the impugned judgment, the appellant is held guilty for having committed murder of Anand Vithoba Shelke, an offence punishable under Section 302 of Indian Penal Code and is sentenced to suffer imprisonment for life, fine Rs.1,000/=, in default, rigorous imprisonment for three months.

(2.) According to the prosecution story, the incident in question took place on 19.6.2005, between 01.30 hours to 02.00 hours i.e. sometime after midnight. It took place in the field of the deceased Ananda at village Tembhurni, Taluka Naigaon, District Nanded.

(3.) In order to bring home guilt, the prosecution has examined 12 witnesses, yet it has only one witness, providing direct account of the incident, in view of odd time and place at which the incident is alleged to have taken place. PW-1 Afzalkhan is servant of the deceased. He is the complainant of the case and sole eye witness. His evidence is supported by PW-6 Babu and PW-7 Laxman.