SUNJIV KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the appellant - accused who was convicted under Sections 302, 201 and 506 of the Indian Penal Code and was sentenced to suffer Rigorous Imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code, by the learned Additional Sessions Judge, Akola (Shri S. K. Shah), by his judgment dated 22. 10. 1986 in Sessions Trial No. 79 of 1986. No separate sentences have been passed by the learned Additional Sessions Judge, against the appellant accused, for the offences punishable under Sections 201 and 306 of the Indian Penal Code.

(2.) THE learned counsel for the appellant accused Shri V. R. Manohar has vehemently challenged the conviction of the appellant, which is mainly based on circumstantial evidence, on the ground that the conviction is based merely on grave suspicion and contended that the suspicion, however grave, cannot take the place of proof beyond all reasonable doubts. It was also contended by Shri Manohar that the conviction of the appellant is mainly based on opinion evidence of two handwriting expense without much support from the other circumstantial evidence and that, therefore, the conviction should be set aside.

(3.) WE have heard Shri V. R. Manohar, the learned counsel for the appellant-accused and Shri G. C. Choube, the learned Assistant Public Prosecutor for the State at length on the facts and circumstances of the case. We have maticulously gone through the entire record in the case and have also given our anxious consideration to the circumstances of the case and the arguments advanced before us on behalf of both sides.