SHAIKH CHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order dated 4.9.1999 passed by the learned IInd Additional Sessions Judge, Aurangabad in Sessions Case No. 114 of 1996 thereby convicting the appellant for the offence punishable under Section 304 Part-II of I.P.C. And sentenced him to suffer R.I. For three years and to pay fine of Rs. 5000/- i.d to suffer R.I. For six months.

(2.) The prosecution case, in brief, is as under;-

(3.) The learned Magistrate committed the case to the Court of Sessions as the offence was punishable under Section 302 of I.P.C. and was exclusively triable by the Court of Sessions. Charge sheet came to be filed against the accused under Section 302 of I.P.C. Accused pleaded not guilty and therefore, claimed to be tried. With a view to prove the guilt of the accused, the prosecution examined as many as nine witnesses.