S. K. Gangele, J. - (1.)Appellant has filed this appeal against the judgment dated 8.2.1995 passed in S. T. No.44/1993. Trial Court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded the sentence of life.
(2.)Prosecution story in brief is that the deceased and her husband Laxman were sleeping in the house on the date of the incident. Laxman was ill. At about 12.00 O'clock in the night accused came at the house of the deceased. He was abusing. He kicked the door, the door was opened and he entered into the house. He killed the deceased by strangulation. Husband of the deceased was ill; he was lying on a cot. He had witnessed the incident. Thereafter, he send his son and called his uncle Baliram and told him about the incident. Baliram went to the police station and informed the police. Thereafter, police conducted investigation and filed the charge sheet. Appellant abjured his guilt. He also produced defence witness. The trial Court held appellant guilty for commission of offence of murder and awarded the sentence of life.
(3.)Learned counsel for the appellant has submitted that there is only one eye witness in the case and his evidence is wholly unreliable. The merg was registered on the next day of the incident. In the aforesaid merg it has not been mentioned that present appellant killed the deceased. Prosecution did not bring the evidence of motive of murder. FIR was registered after postmortem of the deceased and after one day of the incident. Hence, trial Court has committed error in holding the appellant guilty for commission of offence beyond reasonable doubt.