INDRARAJ DASHARATH SAPAKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal u/s 374 (2) of the Code of Criminal Procedure, 1973, by which original accused challenges the judgment rendered by 2nd Additional Sessions Judge, Jalgaon, in Sessions Case No.18/1997 on 17.2.2001. The appellant / original accused was tried for offence punishable u/s 302 of the Indian Penal Code (for having committed murder of Lalita Vithal Vakhare on 20.9.1996). At the conclusion of the trial, he was found guilty, convicted and is, therefore, sentenced to suffer life imprisonment, fine of Rs.100/-, in default rigorous imprisonment for 7 days.

(2.) The prosecution story in brief can be narrated as follows:

(3.) The prosecution has examined as many as 13 witnesses, but except 5, all have turned hostile. Apart from two Police witnesses, already referred while narrating the prosecution story i.e. Police Head Constable Bharatsing Patil (PW 13), who registered A.D.No.44/1996 on the basis of report by the accused and Investigating Officer Shri Patond (PI), Dr.Yousuf (PW 8) who carried the post mortem, PW 9 Ukha Choudhary (the person in whose field the dead body was found lying) and PW 11 Narendra who had reached the parents of the victim to the Police Station on 22.9.1996, are the only witnesses, who did not turn hostile.