SAHEBRAO GORAKH BHANDARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant faced Sessions Case No.61 of 2004 before the learned Addl. Sessions Judge, Sangli under Section 302 of Indian Penal Code and the learned Addl. Sessions Judge (hereinafter referred to as the learned trial Judge) by judgment and Order dated 2.2.2005 convicted the appellant under Section 302 of Indian Penal Code and sentenced the appellant to suffer rigorous imprisonment for life and to pay fine of Rs.200/- and further directed that in default of payment of fine, the appellant shall undergo rigorous imprisonment for one month. Being aggrieved by this judgment and order, the appellant has filed this appeal.

(2.) Prosecution case is as under:

(3.) After Head Constable Maruti Patil-P.W.1 recorded the statement of the deceased, the same was treated as F.I.R. and C.R.No.177 of 2003 was registered at Tasgaon Police Station under Section 307 of I.P.C. After the death of the deceased, the charge was altered to Section 302 of I.P.C. The investigation was carried out by Tasgaon Police Station and the appellant came to be arrested on 18.12.2003 in connection with the aforesaid C.R.No.177 of 2003. On committal of the case to the learned Addl. Sessions Judge at Sangli, the learned trial Judge framed charge at Exhibit 2 on 8.7.2004 against the appellant under Section 302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. His defence was that of total denial.