MAHESH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 05/02/2011, passed by the learned Additional Sessions Judge, Gadhinglaj, District Kolhapur in Sessions Case No. 2 of 2010, thereby convicting the Appellant/Accused - Mahesh @ Mahendra Mahadev Bambargekar for the offence punishable under Section 302 r/w. Section 34 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs. 2,000/-, in default of payment of fine to suffer simple imprisonment for one year. Hence, this Appeal is filed by the Appellant challenging the conviction and sentence.

(2.) The prosecution case, in short, is as under :

(3.) In order to prove the prosecution case, the prosecution examined as many as 18 witnesses. In order to prove the spot of the incident, the prosecution examined Ajit Govindrao Pawar (PW6). Upon perusal of the evidence of Ajit Govindrao Pawar (PW6), he stated that the dead body of Ravindra was lying in front of the room of the house which was in possession of the accused. The spot of the incident is not in dispute. It appears that the accused persons and deceased Ravindra made internal arrangement of residing in separate rooms and accordingly, Ravindra was residing in front room of the same house wherein the accused were residing.