GANGARAM SURYABHAN AMLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT (original accused no.1) alongwith one Shevantabai Gangaram Amle (original accused no.2) was tried in the Court of Additional Sessions Judge, Pune in Sessions Case No.536 of 1993, for offence punishable under section 302 read with Section 34 and Section 201 r/w Section 34 of the Indian Penal Code.

(2.) BY the judgment and order dated 30th July, 1994, the learned Sessions Judge acquitted accused no.2 of all the charges. He, however, convicted appellant (original acused no.1) for the offence punishable under section 302 I.P.C. and sentenced him to suffer R.I. for life and to pay a fine of Rs.500/-, in default he was to undergo imprisonment for 9 months. He also convicted appellant (original accused no.1) for the offence punishable under section 201 I.P.C. and sentenced him to suffer three years R.I. and to pay a fine of Rs.500/- in default he was to undergo R.I. for 9 months. The substantive sentences were to run concurrently. Being aggrieved by the said judgment and order of conviction and sentence the appellant has preferred the present appeal. For the sake of convenience the appellant will be hereinafter referred to as "the Accused".

(3.) DEFENCE of the accused was one of denial. In his statement under section 313 of the Cr.P.C. the accused has stated that during the relevant time his wife was pregnant she was admitted in the hospital where she delivered a child. Five to six days after the delivery they went to Pune for work. They went to the house of the landlord and requested them for key of their room. Landlord told them they were called by Yerawada Police. Upon coming to know about this, they went to the Police and surrendered. The accused stated that they did not know anything about the incident.