AVINASH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, being aggrieved by the judgment and order, dated 28.11.2012, passed by the learned Additional Sessions Judge, Darwha, in Sessions Trial No. 51/2008, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment for the same and also sentencing him to pay fine of Rs. 55,000/ -, in default to suffer rigorous imprisonment for one year, has approached this Court.

(2.) THE prosecution story as could be gathered from the material placed on record, is thus : -

(3.) DR . Mrs. Kalsi, the learned counsel for the appellant, in the alternative, submits that a possibility of scuffle taking place between the first informant and the deceased on one hand and the appellant exercising his right of private defence, on the other, cannot be ruled out. She further submits that it is a case of a single blow and as such, the case of the appellant at the most would fall under Part -II or Part -I of Section 304 and not under Section 302 of the Indian Penal Code.