MAHESH S/O RAJARAM GONDARE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2018-12-17
HIGH COURT OF BOMBAY (FROM: NAGPUR)
Decided on December 06,2018

MAHESH S/O RAJARAM GONDARE Appellant
VERSUS
STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, KALAMNA, NAGPUR Respondents


Referred Judgements :-

PRAKASH S/O WAMANRAO LAKDE .VS. STATE OF MAHARASHTRA REPORTED IN [REGERRED TO]
PARA SEENAIAH AND ANOTHER .VS. STATE OF ANDHRA PRADESH AND ANOTHER REPORTED IN [REGERRED TO]


JUDGEMENT

V.M. Deshpande, J. - (1.)By the present appeal, the appellant is challenging the judgment and order of conviction passed by the learned Additional Sessions Judge, Nagpur in Sessions Case No. 263 of 2017 on 14.5.2018. By the impugned judgment and order of conviction, the appellant stands convicted for the offence under Section 304 PartI of the Indian Penal Code and is directed to suffer rigorous imprisonment for Ten years and to pay a fine of Rs.10,000/- and in default of payment of fine to suffer rigorous imprisonment for three months.
(2.)I have heard Mr. C.R. Thakur, the learned counsel for the appellant and Mr. A. M. Joshi, the learned Additional Public Prosecutor for the State. They took me through the entire record and proceedings and they also read out the evidence of all the prosecution witnesses in detail.
(3.)It is the submission of Mr. Thakur, the learned counsel for the appellant that looking to the injury appearing on the deceased, the appellant ought not to have been sentenced to suffer imprisonment for Ten years. He has also submitted that the prosecution has not proved the intention on the part of the appellant to commit murder and therefore, he prayed that this Court should pass the suitable orders.


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