STATE OF MAHARASHTRA Vs. EKNATH KISAN KUMBHARKAR

JUDGEMENT

(1.) This appeal takes an exception to the Judgment and Order dated 19th June 2017 delivered by the Additional Sessions Judge, Nashik in Sessions Case No.364 of 2013 whereby the learned Additional Sessions Judge convicted the accused-respondent (hereinafter referred to as "accused" for the sake of brevity) under sections 302, 316 and 364 of the Indian Penal Code and accused was sentenced to suffer death for the offence punishable under Section 302 of the Indian Penal Code and directed to hang by neck till his death. He was also sentenced to suffer 10 years rigorous imprisonment and to pay a fine of Rs.5000/- for the offence punishable under Section 316 of the Indian Penal Code, in default he was sentenced to suffer six months simple imprisonment. The accused was further sentenced to suffer life imprisonment for the offence punishable under Section 364 of the Indian Penal Code.

(2.) The prosecution case in nutshell can be summarized as under:

(3.) The learned Advocate for the respondent vociferously argued that the learned trial Judge has not appreciated the evidence led by the prosecution witnesses in its proper perspective and has erroneously convicted the accused. It is submitted that there is glaring discrepancy in the testimony of the prosecution witnesses with regard to the description of string which was used to strangulate the deceased. It is submitted that few witnesses have described it as rope whereas few witnesses have termed it as a string, even there is discrepancy in the version of witnesses with regard to length of the so called string. In view thereof, it is urged that the accused be given the benefit of doubt. It is contended that it is not rarest of rare case and it can be at the most said that in a heat of passion the incident might have taken place. It is contended that as of today, the accused is aged about 44 years old and leniency be shown. It was further argued that at the time of awarding the sentence, bifurcated hearing on the point of sentence is necessary. However, the learned trial Judge has not given a bifurcated hearing. Hence, the trial is vitiated on the said ground.