RAMKUMAR VAIDYANATH PAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 10.10.2003 passed by the learned Additional Sessions Judge-II Amravati thereby convicting the appellant/original accused for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life, the present appeal is preferred by the appellant/original accused.

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

(3.) Miss Pragati Yerlekar, Advocate holding for Shri V.M. Deshpande, the learned Counsel appearing on behalf of the appellant, vehemently argued that the prosecution has utterly failed to establish its case against the accused. It was submitted by the learned Counsel that the so called eye witnesses have turned hostile. The investigation was not fair for the reason that one of the witnesses Anita Ramkumar Pal (PW6) is a lady Police Constable and as such the investigation was carried out so as to suit the purpose of Anita (PW6). The learned Counsel for the appellant further submitted that the statements of the witnesses were recorded at a very belated stage and as such the prosecution story is doubtful and unreliable.