JUDGMENT :

A.S. Gadkari, J.

1. The Appellant/Original Accused No. 1 is convicted under Sections 302, 324 and 452 of the Indian Penal Code and is sentenced to suffer life imprisonment and to pay a fine of Rs.3,000/-, in default of payment of fine to further undergo 3 months of rigorous imprisonment, by the learned Additional Sessions Judge, Sangli, in Sessions Case No. 159 of 2009 by its Judgment and Order dated 22nd November, 2011. The said Judgment and Order dated 22nd November, 2011, is impugned herein.

By the same Judgment and Order dated 22nd November, 2011, the Original Accused No. 2 Shri. Ramesh Madane has been acquitted from all the offences, charged against him.

2. Heard Ms. Ragini Ahuja, the learned counsel appearing for the Appellant and Ms. P.P. Shinde, the learned APP for the State. Perused the entire record.

3. It is the prosecution case that, Prakash Potdar (deceased) was into the business of jewellery. The Respondent was working with him as a worker. The Respondent committed theft of certain articles and therefore, Prakash Potdar (deceased) had removed him from service. It is the motive as has been propounded by the prosecution for commission of the present crime.

That, on 19th June, 2009, between 00.15 to 1.15 a.m., the Appellant along with co-accused broke open the window of the house of Prakash Potdar (deceased) and committed criminal trespass therein. At that relevant time, Smt. Rajani Potdar (P.W. No. 3) i.e. the wife of Prakash Potdar (deceased) and Ms. Puja Potdar (P.W. No. 4) daughter of Prakash Potdar (deceased) were present inside.

It is the further prosecution case that, on that particular day, there was no electricity supply to the said house and therefore, two kerosene lamps were burning to provide minimal possible light in the house. After the Appellant along with the co-accused entered into the house, Smt. Rajani Potdar (P.W. No. 3) saw the Appellant in the said light of kerosene lamp and as per her narration given to the police, one of the person was 4 to 5 feet in height, having knife in his hand. When the inmates of the said house heard the noise, in the torch light, they saw the assailants. That, the assailants were having knives in their hands and they immediately committed assault on the person of Prakash Potdar (deceased). When Smt. Rajani Potdar (P.W. No. 3) tried to rescue Prakash Potdar (deceased), she was also assaulted with the knives. That, Ms. Puja Potdar (P.W. No. 4) raised an alarm and also gave phone call to Jat Police Station, whereupon, the police reached at the scene of offence after a gap of 10 to 15 minutes. Due to the call given by the inmates of the house, Shri. Parappa, a servant of the uncle of Ms. Puja Potdar (P.W. No. 4) and Shri. Hussain Mulla a neighbour reached at the scene of offence. The said two persons along with the help of police, took Prakash Potdar and Smt. Rajani Potdar (P.W. No. 3) to the hospital. Prakash Potdar (deceased) was declared dead before admission. Smt. Rajani Potdar (P.W. No. 3) was admitted to the hospital for treatment of Dr. Mallikarjun Kalgi (P.W. No. 5) for about 10 days.

4. The first information report was lodged by Smt. Rajani Potdar (P.W. No. 3) on 19th June, 2009 at about 2.35 a.m. in the presence of Ms. Puja Potdar (P.W. No. 4). In the first information report Smt. Rajani Potdar (P.W. No. 3) has expressed suspicion against unknown persons. A supplementary statement of Smt. Rajani Potdar (P.W. No. 3) was recorded on 19th June, 2009 wherein, she expressed her suspicion against the Appellant as the Appellant had motive to commit the said crime and it is alleged that on the basis of the voice of the Appellant, which she had heard at the time of commission of the offence, she expressed the said suspicion.

5. The Appellant came to be arrested on 24th June, 2009 at about 9.45 p.m. by the police and the blood stained clothes which were on his person were seized by effecting a panchanama (Exhibit-38) under Section 27 of the Evidence Act. After receipt o