V.K.TAHILRAMANI,J. - (1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 20.12.2010 passed by the learned Adhoc Additional Sessions Judge, Islampur in Sessions Case No. 39 of 2009. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to R.I. for life and fine of Rs.5000/- in default R.I. for six months.
(2.) The prosecution case, briefly stated, is as under: The appellant was a wrestler. Deceased Ramchandra alias 'Kondya' was also a wrestler. The incident took place on 31.5.2009 in front of Government godown at Islampur, Dist. Sangli. At about 7.15 p.m. a quarrel took place between the appellant and the deceased on account of loan given by the appellant to the deceased. During the course of quarrel, the appellant picked up a "Rapi" from the shop of Cobbler which was at the spot. Thereafter, the appellant assaulted Ramchandra with the "Rapi" on the neck and other parts of the body. Ramchandra died due to the said assault. F.I.R. was lodged by PW 9 Manik Bhauso Patil who is the brother of the deceased Ramchandra. Thereafter investigation commenced. The dead body of Ramchandra was sent for post-mortem. Though a number of injuries were found on the body of Ramchandra, in the opinion of Dr. Madane who conducted the post-mortem, the cause of death was "due to hemorrhagic shock due to incised wound on neck cutting carotid trunk on left side". After completion of investigation, the charge sheet came to be filed.
(3.) Charge came to be framed against the appellant under Section 302 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in the present case, the learned Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.;