The main legal point established in the judgment is the reliance on eyewitness testimony, medical evidence, and corroborating statements to prove the guilt of the appellant beyond reasonable doubt, while also considering mitigating circumstances in sentencing.

JUDGMENT

Sarang V. Kotwal, J. - The appellant has challenged the judgment and order dated 29.1.2019 passed by the additional Sessions Judge, Niphad, District-Nashik in Sessions Case No.36/2012. By the impugned judgment and order, the appellant was convicted for commission of offence punishable under Section 452 of the Indian Penal Code and was sentenced to suffer R.I. for five years and to pay a fine of Rs.5,000/-; and in default of payment of fine to suffer S.I. for six months. The appellant was convicted for commission of offence punishable under Section 307 of IPC and was sentenced to suffer life imprisonment and to pay a fine of Rs.7,000/-; and in default of payment of fine to suffer R.I. for one year. Both the sentences were directed to run concurrently. The appellant was in custody from 23.3.2012 to 26.6.2012 and since 12.9.2018 till 29.1.2019 during pendency of the trial and for that period he was granted set off under Section 428 of Cr.P.C.. Out of the fine amount, Rs.10,000/-were directed to be paid to the first informant Gangubai Wagh towards the compensation under Section 357 of Cr.P.C..

2 We have heard Shri S.P. Dighe, learned counsel for the appellant, Shri V.B. Konde-Deshmukh, learned aPP for the State and Shri Rupesh Zade, learned counsel appointed for Respondent No.2.

3 The prosecution case is that on 22.3.2012 in the midnight, the appellant entered the house of the first informant Gangubai Wagh at Ozar, TalukaNiphad, DistrictNashik and assaulted Gangubai and Baburao with a chopper on their heads and other parts. They became unconscious. While leaving, he latched the door from outside. On the next day morning, the neighbours rescued them and shifted them to the hospital. Thereafter the FIR was lodged. The appellant was arrested. The investigation was carried out. The charge-sheet was filed and the case was committed to the Court of Sessions.

4 During the trial, the prosecution examined eight witnesses. PW-1 and PW-2 were the injured witnesses. at the conclusion of the trial, the appellant was convicted and sentenced as mentioned earlier.

5 Learned counsel for the appellant submitted that the evidence of eye witnesses is not free from doubt. There is nothing to show that from where the murder weapon was brought. The motive was not established. The offence under Section 307 of IPC is not made out. In any case, extreme punishment of life imprisonment is extremely harsh; and if it is held that the offence is proved, the sentence be reduced.

6 Learned aPP as well as learned counsel for Respondent No.2, on the other hand, submitted that the evidence of eye witnesses is sufficient to prove guilt of the appellant and the sentences awarded are proper. The conduct of the appellant shows that he deserves no sympathy.

7 We have considered these submissions and with the assistance of learned counsel we have perused the evidence.

8 The main evidence, of course, is of the injured eye witnesses. PW-1 Gangubai Wagh was the first informant. She has stated that she was residing with her son Baburao at Ozar. On the day of the incident in the midnight, she herself and her son were sleeping in the house. Someone knocked the door from outside. She opened the door. She saw the present appellant. She knew him as her distant relative. The appellant asked for food. Then he told PW-1 to transfer her house at Koliwada in his name. PW-1 refused. He requested PW-1 to allow him to sleep in the house. He asked her to switch off the light. However, PW-1 refused. Then the appellant assaulted PW-1 and her son Baburao with chopper. Both of them were assaulted on the head and hands. after that he went away. While going, he latched the door from outside. PW-1 and her son became unconscious. They regained consciousness in the morning at around 6.00 a.m.. They called their neighbours. The neighbours came there and rescued them. The police were informed. PW-1 and her son were shifted to the Government Hospital at Ozar. The police recorded her statement. It was