ATMARAM JAGNU BELSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - accused is assailing the judgment and order dated 26.4.2017 rendered by Additional Session Judge, Achalpur in Session Trial 93 of 2015 by and under which, the accused is convicted for offence punishable under section 302 of the Indian Penal Code ("IPC") and sentenced to suffer imprisonment for life and to payment of fine of Rs. 5,000/-.

(2.) We have heard the learned counsel Shri Rishb Khemuka for the accused and Shri C.A.Lokhande, the leaned Additional Public Prosecutor for respondent / State. Shri Rishabh Khemuka, would submit that the prosecution has not proved the offence beyond reasonable doubt, and in the alternate, submits that the accused can be convicted, if at all, not for offence punishable under section 302 of the IPC but for lesser offence. Per contra, the learned Additional Public Prosecutor Shri C.A. Lokhande, supports the judgment and order impugned. The learned Additional Public Prosecutor Shri C.A.Lokhande would submit that the testimony of three eye-witnesses prove beyond doubt that the accused assaulted his wife Nirmala mercilessly with a heavy wooden stick. The testimony of the eye-witnesses is not shaken in the cross-examination. The medical evidence on record and the fact that the wooden stick with human blood-stains was recovered pursuant to confessional statement under section 27 of the Indian Evidence Act corroborate the ocular evidence, is the submission.

(3.) The prosecution case :