S.K. Gangele, J. - (1.)Appellant has filed this appeal against the judgment dated 03/01/2009 passed in Sessions Trial No. 293/2007. Appellant was prosecuted for commission of offence punishable under Sections 302 and 323 of IPC. Trial court held appellant guilty for the aforesaid offence and awarded sentence of life and six months and fine of Rs. 1000/- in default another three months imprisonment.
(2.)Prosecution story in brief is that deceased was brother-inlaw of the appellant. On 16/10/2007 deceased who was brother of wife of the appellant had come to the house of the appellant to take his sister Mamta with him because there was some function at the house of parents of Mamta. He made a request, appellant refused the same and told the deceased that there is time of agriculture, it is not possible for him to send his wife along with the deceased. When Mamta was cooking food there was quarrel between appellant and the deceased and thereafter appellant had inflicted injuries by sabbal on the deceased. Mamta came there, she tried to save the deceased, appellant had also inflicted a blow on the head of Mamta. She went to the house of brother of his father-in-law. Deceased was died on the spot. Incident was reported to Village Choukidar thereafter merg was registered and police conducted investigation. After investigation charge-sheet was filed against the appellant. Appellant abjured his guilt during trial and pleaded innocence. The trial court held the appellant guilty and awarded sentence as mentioned above.
(3.)Learned counsel appearing on behalf of the appellant has submitted that the incident had occurred all of sudden in heat of passion and there was no intention of the appellant to kill the deceased, hence, the offence committed by the appellant would fall under Section 304 Part-I of IPC.