NITIN VITHALRAO PARAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal takes exception to the Judgment and Order passed by the learned Sessions Judge in Sessions Case No. 661 of 2010, thereby convicting the Appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer Life Imprisonment and to pay fine of Rs 20,000/ and in default to suffer R. I. for one year

(2.) Prosecution Case, As Could Be Gathered From The Material Placed on record, is thus:

(3.) Appellant is undisputedly acquainted with deceased Pawankumar Jain. Deceased Pawankumar Jain, on the date of incident i. e. on 02/07/2010, was to close his shop alongwith his servant Linkeshkumar Jain (P. W. 5). At that time, Appellant/Accused No. 1 came there and had some talk with deceased Pawankumar Jain. Deceased informed Linkeshkumar Jain (P. W. 5) that, he should go home and deceased would shortly follow him. It is the prosecution case that, thereafter, in Maruti800 Car, which was driven by the Appellant, the deceased and the Appellant went away. Thereafter, Linkeshkumar Jain (P. W. 5) went home. After reaching home, when he was watching T. V. , he came to know about a breaking news of deceased Pawankumar Jain being murdered. He thereafter went to Rajawadi Hospital and identified the body.