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1993 Supreme(SC) 1088

G.N.RAY, K.JAYACHANDRA REDDY, S.MOHAN
Gautam Maroti Umale – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

1. This is an appeal filed under Section 379 Crl PC read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The sole appellant was tried for offences punishable under Sections 302, 394 and 404 IPC. The trial court acquitted him holding that the circumstantial evidence is not conclusive. The State, preferred an appeal and the High Court reversed the order of acquittal and convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life. He is further convicted under Section 394 IPC and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs 1000, in default, to undergo further imprisonment for six months.

2. The prosecution case is as follows: The appellant is the resident of Village Andura in Balapur Tehsil. The deceased, in this case, an old lady, by name Panchafula, her husband Namdeo and son Punjab are also the residents of the same village. The accused was the watchman guarding the lands of vast area belonging to the villagers. On 26-11-1984 in the morning at 10.00 a.m., it is alleged that the deceased went to her land for collecting the cotton. At that time, she was weari











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