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Supreme Court of India

BHANUDAS NATHA MOHITE vs STATE OF MAHARASHTRA on 13 February, 2008

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Crl.A. No.-000668-000668 - 2007Official PDFBench Altamas Kabir, Ganpat Singh SinghviAdvocates BHASKAR Y. KULKARNI | RAVINDRA KESHAVRAO ADSURE
CASE NO.:
Appeal (crl.) 668 of 2007
PETITIONER:
Bhanudas Natha Mohite
RESPONDENT:
State of Maharashtra
DATE OF JUDGMENT: 13/02/2008
BENCH:
B.N. AGRAWAL,ALTAMAS KABIR & G.S. SINGHVI
JUDGMENT:
JUDGMENT

Heard learned counsel for the parties.

The sole appellant was convicted by the Trial Court under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.500/-; in default, to undergo further imprisonment for a period of fifteen days. On appeal being preferred, the High Court confirmed the conviction. Hence, this appeal by special leave.

In the present case, the conviction of the appellant is based upon the evidence of Smt. Chandrabhagabai (P.W.4), who is an eye-witness to the occurrence, and immediately after the occurrence, she disclosed about the same to Asha Bhanudas Mohite (P.W.2), who is nobody else than her grand daughter. The evidence of these two witnesses is corroborated by the medical evidence. In our view, the High Court was quite justified in upholding the conviction of the the plea of appellant and rejected the case of the defence in relation to/ ....2/

insanity as for proving the same, the defence has not adduced any evidence whatsoever. This being the position, no ground for interference is made out.

Accordingly, the criminal appeal fails and the same is dismissed.